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Patna High CourtCR. MISC./81859/2023allowed

Deepak Kumar @ Deep Narayan Chaudhary @ Deepak Chaudhary v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81859 of 2023 Arising Out of PS. Case No.-418 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Deepak Kumar @ Deep Narayan Chaudhary @ Deepak Chaudhary S/O Rama Shankar Chaudhary R/O Village- Jatkauli, P.S. Vaishali, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 420, 467, 468, 471, 120B of the Indian Penal Code and Section 30(a), 36(I), 41(i) of the Bihar Prohibition and Excise Act.

3. According to the prosecution, it is a case of recovery of total 3949.98 liters of illicit foreign liquor from a truck bearing Registration No. UP21CN-57965.

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. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. Neither he was

Patna High Court CR. MISC. No.81859 of 2023(2) dt.19-12-2023 2/2 arrested on spot nor any incriminating article has been recovered from his conscious possession and his name was disclosed by co-accused Rakesh Kumar and Arif Kalal. The petitioner is languishing in judicial custody since 31.10.2023.

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

6. 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 released on bail in connection with Vaishali P.S. Case No. 418 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 Exclusive Special Excise Court No.-II, Vaishali at Hajipur.

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