Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74931 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Deepak Kumar Son Of Late Ramlakhan Prasad Chaudhary R/O Village - Wahid Bigha, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Madhepura S.T. No. 184 of 2023, Sherghati Excise P.S. Case No. 50 of 2023 dated 26.07.2023 lodged under Sections 30(a) and 56(b) of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, the total recovery of 210 liter Tari has alleged to be made from a Tempo and the recovery of 170 liter Tari has alleged to be made from another Tempo in which petitioner was driver of the said Tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner was running his Tempo in village of Jharkhand

Patna High Court CR. MISC. No.74931 of 2023(2) dt.29-11-2023 2/3 where there is no prohibition of carrying the excise material and under impression, the area where he was running the Tempo, comes within the territory of Jharkhand and Bihar police has arrested the petitioner from there.

5. Counsel for the petitioner submits that petitioner is in custody is since 27.07.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.3, Gaya, in connection with Sherghati Excise P.S. Case No. 50 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

Patna High Court CR. MISC. No.74931 of 2023(2) dt.29-11-2023 3/3 bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U