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Patna High CourtCR. MISC./51568/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-10-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51568 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- SARAI District- Vaishali ====================================================== Deepak Kumar S/o Suraj Sahni @ Suraj Sahani R/o Village - Pahetiya, P.S. Sadar Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. V.M.K. Sinha, Adv.

:

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Smt. Sahin Begam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sarai P.S. Case No. 130 of 2018 registered for the offences punishable under Sections 30(a), 35(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is recovery of 3720 liters and 960 ml. country made foreign liquor from the truck, which was being unloaded by the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He is neither the driver nor the owner of the truck. Petitioner has no criminal antecedent and he is in custody since 23.06.2018. It has been

Patna High Court Cr.Misc. No.51568 of 2018(3) dt.04-10-2018 2/2 further submitted that similarly placed co-accused, namely, Baiju Mahto and Tunna Kumar have been granted bail by coordinate Bench of this Court in Cr. Misc. No.52754 of 2018 and 50767 of 2018 vide order dated 04.09.2018 and 05.09.2018 respectively.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Hajipur, Vaishali in connection with Sarai P.S. Case No. 130 of 2018. (S. Kumar, J) Rajiv/ManojU T