Deepak Kumar @ Vimlesh Kumar @ Vimal Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Deepak Kumar @ Vimlesh Kumar @ Vimal Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: both petitioners to be enlarged on bail on bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gaya, in respect of Rail Gaya P.S. Case No. 148 of 2024.

Issue for consideration

Whether the two petitioners should be enlarged on regular bail in connection with Rail Gaya P.S. Case No. 148 of 2024, registered for offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Grant of bail was decided after considering the facts and circumstances of the case, the nature of allegation levelled against the petitioners, and their period of custody.

Ratio / Principle

The court directed the petitioners abovenamed to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gaya, in connection with Rail Gaya P.S. Case No. 148 of 2024.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 60058 of 2024 (decision date 21-08-2024, Honourable Mr. Justice Chandra Prakash Singh, sole signatory): regular bail granted to (i) Deepak Kumar @ Vimlesh Kumar @ Vimal Kumar s/o Vinod Prasad (Dist. Patna) and (ii) Dhananjay Kumar @ Lalu Kumar s/o Mungeshwar Prasad (Dist. Aurangabad) for offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act arising out of Rail Gaya P.S. Case No. 148 of 2024 dated 05.07.2024 (Gaya Rail P.S., Dist. Gaya). Prosecution narrative: 9.360 litres of illicit foreign liquor recovered from possession of Petitioner No. 1 and 18 litres from Petitioner No. 2. Defence counsel (Mr. Sunil Kumar) asserted innocence/false implication, that nothing was taken into conscious possession (alleged recovery from Platform No. 2 of Guraru Railway Station near the Urine house), clean antecedents (para 3 of bail petition), custody since 06.07.2024; learned A.P.P. (Mr. Bishweshwar Ram) vehemently opposed the petition. Weighing facts and circumstances, the nature of the allegation and the period of custody, the court ordered both petitioners enlarged on bail on bail-bonds of Rs. 20,000/- each with two sureties of like amount apiece, court concerned Gaya; the application stood allowed. No precedent case was cited or engaged in this judgment.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60058 of 2024

Arising Out of PS. Case No.-148 Year-2024 Thana- GAYA RAIL P.S. District- Gaya

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

Deepak Kumar @ Vimlesh Kumar @ Vimal Kumar Son of Vinod Prasad R/o Village- Pabheri, P.S.- Dhanarua in the district of Patna

Dhananjay Kumar @ Lalu Kumar Son of Mungeshwar Prasad @ Mungeshar Paswan @ Mungeshwar Paswan @ Muneshwar Prasad R/o Village- Latta, P.S.- Pauthu in the district of Aurangabad, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv For the Opposite Party/s : Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 21-08-2024

Heard learned counsel for the petitioners and learned

A.P.P for the State.

2 . The petitioners have preferred this application for grant of regular bail in connection with Rail Gaya P.S. Case No. 148 of 2024 dated 05.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3 . As per the prosecution case, total 9.360 litres of illicit foreign liquor was recovered from the possession of the Petitioner No. 1, namely, Deepak Kumar and total 18 litres of illicit foreign liquor was recovered from the possession of the Petitioner No. 2, namely, Dhanajay Kumar.

4 . Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.60058 of 2024(2) dt.21-08-2024 2/2

that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged recovery rather the recovery has been made from the Platform No. 2 of Guraru Railway Station near the Urine house. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 06.07.2024.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Rail Gaya P.S. Case No. 148 of 2024.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

Jyoti/-

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