Dipu Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7490 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Dipu Kumar Tiwari Son of Sri Brij Bhushan Tiwari Resident of Village Basdiha, P.S. Kutumba, District Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Amba P.S. Case No. 223 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 193.800 litres of country made liquor has been recovered from a tempo of which this petitioner was driver. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment and has got no concern with the seized liquor. Petitioner is in custody since 16.12.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Patna High Court CR. MISC. No.7490 of 2022(2) dt.08-04-2022 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special (Excise) Court-1, Aurangabad in connection with Amba P.S. Case No. 223 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T