Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83938 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Deepak Kumar S/o- Ranjit Rohila Resident of village- Dublaghan Ps- Beyari District- Jajar, Haryana 2.

Khajan Singh S/o- Satwir Singh Resident of village- Dasagaon Ps- Jajarpur District- Jajarpur, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Dumariyaghat PS Case No. 191 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 208.980 litres of foreign liquor was recovered from the Car. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.83938 of 2024(2) dt.10-12-2024 2/2 submitted that petitioners are driver and co-driver of the vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 19.08.2024 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumariyaghat PS Case No. 191 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T