Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79518 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Deepak Kumar Son Of Shivji Ray R/O Village- Rudauli, P.S.- Samastipur Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail registered for the offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Excise Act. Prosecution case relates to recovery of 424.80 litres of illicit IMFL from a Scorpio and petitioner was standing beside the said car and he was arrested on spot while he tried to escape. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Only on the basis of suspicion, he has been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.79518 of 2023(2) dt.11-12-2023 2/2 recovered from his conscious possession. Petitioner is languishing in judicial custody since 09.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 10,000/- (Rs. ten thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Samastipur in connection with Vidyapatinagar P.S. Case No. 143 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (ten thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U