Dilip Sah @ Dilip Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14479 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== 1.

Dilip Sah @ Dilip Kumar Sah S/o Meghu Sah R/o vill - Bikrampur Vande, P.s. - Karpurigram, Distt. - Samastipur 2.

Sonu Singh @ Dilip Kumar S/o Ramnaresh Singh R/o vill - Pahepur, P.S. - Karpurigram,Distt. - Samastipur 3.

Vikash Kumar S/o Sagar Mahto R/o vill - Sangrampur, P.s. - Karpurigram, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a), 32, 36, 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, Dilip Sah @ Dilip Kumar Sah.

4. Permission is accorded.

Patna High Court CR. MISC. No.14479 of 2024(2) dt.11-03-2024 2/3

5. It is next submitted that petitioner no.2 has antecedent of one case and petitioner no.3 is a person with clean antecedent.

6. It is next submitted that allegation is of recovery of 4517.28 liters of liquor from a truck.

7. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the conscious possession and they are neither the owner nor the driver of the truck, but they came to be implicated in the instant case at the instance of 'Chowkidar'. It is next submitted that it appears that the Chowkidar in order to save the real culprits falsely implicated the petitioners, when petitioner no.3 admittedly is a person with clean antecedent.

8. The learned APP for the State opposes the anticipatory bail application.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, I,

Patna High Court CR. MISC. No.14479 of 2024(2) dt.11-03-2024 3/3 Samastipur in connection with Karpurigram P.S. Case No.99 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T