Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19694 of 2021 Arising Out of PS. Case No.-402 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== DILIP KUMAR SON OF SRI RANJIT MALLIK RESIDENT OF VILLAGE- SARAMOHANPUR, P.S- DARBHANGA, DISTDARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 09-02-2022 Heard the parties through video conferencing. The petitioner apprehends his arrest in connection with Jaynagar P.S. Case No. 402 of 2020, registered for the offence under Sections 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner was not present at the time of recovery of liquor and the liquor has been said to be recovered from the Motorcycle. The petitioner appears in terms of order passed by this Court to appear before the I.O., who has not taken the statement. On perusal of the case diary and the aforesaid aspects that the petitioner was not present at the time of recovery from the motorcycle, prima facie case under Section 30 (a) of the

Patna High Court CR. MISC. No.19694 of 2021(4) dt.09-02-2022 2/2 Bihar Prohibition and Excise Act is not made out against the petitioner, I am inclined to grant benefit of anticipatory bail to the above named petitioner and in the event of arrest he shall be released on bail, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) pravinkumar/- U T