Patna High Court
CR. MISC./51347/2021 of DEAPAK KUMAR Vs The State of Bihar on 24 December 2021
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51347 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Deapak Kumar Son Of Pramod Sahni Resident Of Village -Premnagar Bhale Ward No. 1 P.S-
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24-12-2021
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.51347 of 2021
Arising Out of PS. Case No.-194 Year-2021 Thana- DUMRA District- Sitamarhi ======================================================
Deapak Kumar Son Of Pramod Sahni Resident Of Village -Premnagar BhaleWard No. 1 P.S- Runnisaidpur Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================Appearance :For the Petitioner/s: Mr. Virendra Kumar, AdvocateFor the Opposite Party/s : Mr. APP======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
The present petition has been taken up for consideration through the mode of Video Conferencing in viewof the prevailing situation on account of Covid 19 pandemic,requiring social distancing.
Heard learned counsel for the petitioner and learnedA.P.P. for the State.
The petitioner seeks regular bail in connection withDumra P.S. Case No. 194 of 2021 instituted for the offencesunder Sections 30(a), 36 and 41 of the Bihar Prohibition andExcise Act, 2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 03.06.2021, is a person with cleanantecedent and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that Rishi/- UT
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allegation is of recovery of 2014.440 litres of liquor from amotorcycle of petitioner and co-accused and from a truck.
Learned counsel for the petitioner submits that out of2014.440 litres, from possession of this petitioner only 21.600litre is alleged to have been recovered. It is further submittedthat nothing was recovered from the possession of this petitionerrather the liquor was planted and shown to have been recoveredfrom the petitioner.
Learned A.P.P. for the State vehemently opposes theprayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custodysince 03.06.2021, charge-sheet has been submitted in the caseand the petitioner is a person with clean antecedent, let thepetitioner above named be released on bail on furnishing bailbond of Rs. 25,000/- (Rupees Twenty Five Thousand only) withtwo sureties of the like amount each to the satisfaction oflearned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi inconnection with Dumra P.S. Case No. 194 of 2021.
(Satyavrat Verma, J)
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