Allowed

Deepak Kumar v. The State of Bihar

Patna HC20 Jan 2023CR. MISC./61423/2022

Case brief

AI extract

What is this about?

The High Court of Patna allowed the bail application of Deepak Kumar in an excise case involving country-made liquor. He was directed to furnish bail bonds and adhere to specific conditions ensuring availability for investigation and non-interference with witnesses.

What did the court decide?

Enlarged on bail by furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.

Deepak Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61423 of 2022

¶2

Arising Out of PS. Case No.-282 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Saran

¶3

======================================================

¶4

DEEPAK KUMAR Son of Sikandar Das Resident of village - Bichala Telpa, P.S.- Chapra Town, District - Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

¶9

2 20-01-2023

¶10

Heard Ld. counsel for the petitioner and Ld. APP

¶11

for the State.

¶12

The petitioner seeks bail in connection with Saran

¶13

Excise P.S. Case No. 282 of 2022, registered for the offences punishable under Sections 30 (a), (c) of the Bihar Prohibition and Excise Act, 2016.

¶14

As per allegation 12 liters of country-made liquor

¶15

has been recovered near the wine kiln.

¶16

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

¶17

from the conscious possession of the petitioner. He also

¶18

Patna High Court CR. MISC. No.61423 of 2022(2) dt.20-01-2023 2/4

¶19

submits that search and seizure has not been made as per the procedure as prescribed under Section 100 Cr. P.C.

¶20

He further submits that the petitioner has been languishing in jail since 24.07.2022.

¶21

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.

¶22

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

¶23

However, Ld. APP for the State vehemently

¶24

opposes the prayer of the petitioner for bail.

¶25

Considering the aforesaid facts and circumstances,

¶26

this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional District and Sesssions Judge, 2^nd -cum-1st Exclusive Special Judge, Excise, Saran at Chapra, in connection with Saran Excise P.S. Case No. 282 of 2022, on the following conditions:

¶27

Patna High Court CR. MISC. No.61423 of 2022(2) dt.20-01-2023 3/4

¶28

(i) The petitioner will make himself available for

¶29

interrogation by a police officer/court as and when required.

¶30

(ii) The petitioner will undertake that

¶31

investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

¶32

(iii) The petitioner shall not, directly or indirectly

¶33

make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

¶34

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

¶35

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the

¶36

Patna High Court CR. MISC. No.61423 of 2022(2) dt.20-01-2023 4/4

¶37

petitioner.

¶38

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

¶39

(Jitendra Kumar, J)

¶40

ramesh/-

¶41

U T

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chhote Sharma@Chote Sharma@Avinash Vs The State of Bihar

Mahendra Chaudhary Vs The State of Bihar

Pankaj Kumar Vs the State of Bihar

Pawan Kumar @ Pavan Kumar Vs The State of Bihar

Rahul Kumar Vs The State of Bihar

Krishna Kumar Vs The State of Bihar