Patna High CourtCR. MISC./82315/2023allowed

Dipak Kumar @ Deepak Kumar v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82315 of 2023 Arising Out of PS. Case No.-536 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Dipak Kumar @ Deepak Kumar Son Of Surendra Yadav Resident Of VillageGanesh Asthan, Madhepura, P.S. Madhepura, District- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. The petitioner along with co-accused persons is alleged to have been apprehended from a truck bearing Registration no. WB15B-6521 from where, total 2076 liters of illicit liquor were 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. Petitioner is neither owner nor driver of the seized truck. He has also no

Patna High Court CR. MISC. No.82315 of 2023(3) dt.08-02-2024 2/2 concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 10.10.2023.

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 Excise (Kahalgoan) P.S. Case No. 536 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 Judge-I, Bhagalpur.

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