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Patna High CourtCR. MISC./15581/2025allowed

Ripu Kumar @ Dipu Kumar v. The State Of Bihar

2025-04-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15581 of 2025 Arising Out of PS. Case No.-497 Year-2024 Thana- BATHNAHA District- Sitamarhi ====================================================== Ripu Kumar @ Dipu Kumar Son of Jathu Pandit Resident of Village - Ward No.1, Mijaatpur, P.S. - Sahiyara, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bathnaha P.S. Case no. 497 of 2024 instituted for the offence under Section 30 (A) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The case of the prosecution is that two persons were carrying something on a bike. After seeing the police, one of them managed to escape and from the bike, altogether 34.2. liters of illicit liquor was recovered. The apprehended persons was identified as Ramgayn Kumar, who disclosed the name of the present petitioner. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15581 of 2025(2) dt.21-04-2025 2/2 petitioner is innocent and has falsely been implicated in connection with the present case. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the alleged recovery. He is neither the driver nor the owner of the bike. Further submission is that the petitioner is having no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bathnaha P.S. Case no. 497 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Sp[ecial Excise Court -I, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T