Dimpal Kumar @ Dimpal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11871 of 2025 Arising Out of PS. Case No.-513 Year-2024 Thana- DINARA District- Rohtas ====================================================== Dimpal Kumar @ Dimpal Ram S/o Haridwar Ram R/o Village- Kund, P.SDinara, District- Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Adv For the Opposite Party/s :
Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Dinara P.S. Case No. 513 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 6.2 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.11871 of 2025(2) dt.02-04-2025 2/3 said to be made from the straw house, which not belongs to this petitioner. It is submitted that mere on the basis of suspicion as raised by local chowkidaar petitioner was implicated with the present case, who is otherwise a man of clean antecedent. It is further submitted that alleged straw house is located at the outskirts of the village, which is easily accessible by general public and, therefore, recovery of illicit liquor cannot be said to be made from the conscious physical possession of this petitioner.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor primafacie appears doubtful from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise
Patna High Court CR. MISC. No.11871 of 2025(2) dt.02-04-2025 3/3 Court-1, Rohtas at Sasaram/concerned Trial Court where the case is pending in connection with Dinara P.S. Case No. 513 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T