Deepak Kumar @Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73194 of 2023 Arising Out of PS. Case No.-544 Year-2023 Thana- Excise P.S. District- Saran ====================================================== Deepak Kumar @DIPAK Kumar Son Of Tuntun Manjhi Resident Of VillageJatahi Pokhara, Ps- Chapra Muffasil, Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition & Excise Act.

There is recovery of 210 litres of illicit country made liquor from a Car in which the petitioner and one other person were sitting.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.73194 of 2023(2) dt.28-11-2023 2/2 from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the vehicle in question. The petitioner is languishing in custody since 20.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Excise P.S. Case No. 544 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T