Patna High CourtCR. MISC./72810/2024allowed

Deepak Kumar v. The State Of Bihar

2024-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72810 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Deepak Kumar, S/o Raghunath Sahni, R/o Village- Rasufpur @ Rasulpur Daud, Ward No. 14, P.S.- Goraul, District- Vaishali 2.

Jimdar Paswan, S/o Chandradeep Paswan, R/o Rasufpur (Rasulpur) Daud, Ward No. 12, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the petitioners are the driver and helper of the alleged pick-up van from which altogether 240 liters of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It has been submitted that they had no knowledge about the alleged liquor. Nothing has been recovered from their conscious

Patna High Court CR. MISC. No.72810 of 2024(2) dt.07-10-2024 2/2 possession. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 29.08.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Manigachhi P.S. Case No. 161 of 2024.

(Ashok Kumar Pandey, J) lata/- U T