Dipak Kumar @ Dipak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13819 of 2025 Arising Out of PS. Case No.-289 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Dipak Kumar @ Dipak Sah S/O Rajeshwar Sah R/o Village- Teghra, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md Soban Asghar, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with G.R. No. 1267 of 2024 arising out of Ladaniya P.S. Case No. 289 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 450 litres of Nepali liquor was recovered from Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with

Patna High Court CR. MISC. No.13819 of 2025(2) dt.28-02-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that petitioner is neither the owner nor the driver of the seized car. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused person namely, Santosh Kumar Tanti. The petitioner has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 82587 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.13819 of 2025(2) dt.28-02-2025 3/3 learned court below where the case is pending/successor court in connection with G.R. No. 1267 of 2024 arising out of Ladaniya P.S. Case No. 289 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T