Dilip Kumar @ Dilip Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3619 of 2022 Arising Out of PS. Case No.-308 Year-2020 Thana- RAJPUR District- Buxar ====================================================== DILIP KUMAR @ DILIP KUMAR SINGH S/O BANSHNARAYAN SINGH @ VANSH NARAYAN SINGH R/O VILLAGE- KANAULI, P.S.- RAJPUR, DISTRICT- BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, on a raid being conducted, 371.52 litres of liquor was recovered and the case registered. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. From perusal of the F.I.R., it would transpire that the cause of implication of the petitioner in the F.I.R. is the allegation that he is a known dealer in liquor. It is submitted that the cause of false
Patna High Court CR. MISC. No.3619 of 2022(2) dt.09-02-2022 2/2 implication of the petitioner is his antecedent. He is in custody since 13.12.2021. It is further submitted that a supplementary affidavit has been filed on behalf of the petitioner stating therein about the death of his grandfather.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner not having been arrested at the spot and no incriminating material having been recovered from his possession, the Court directs the petitioner to be enlarged on bail in connection with Rajpur P.S. Case no.308 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Buxar.
(Partha Sarthy, J) Saurabh/- U T