Patna High CourtCR. MISC./83013/2023allowed

Dipak Kumar Singh @ Deepak Kumar Singh v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83013 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== DIPAK KUMAR SINGH @ DEEPAK KUMAR SINGH Son of Raj Kumar Singh R/o vill - Kasma Marar, P.S. - Khajauli, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections, 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been apprehended with a pick up van from where, total 405 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. The petitioner is only driver of the vehicle but he has no concern with the

Patna High Court CR. MISC. No.83013 of 2023(2) dt.02-01-2024 2/2 alleged recovery of illicit liquor. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 28.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 released on bail in connection with Khajauli P.S. Case No. 185 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-Cum-Spl Judge, Excise, Madhubani.

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

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