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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17771 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- BAISI District- Purnia ====================================================== DILIP SINGH @ DILIP KUMAR SINGH Son of Baleshwar Singh Resident of Village - Simariya (Garbbanaily), P.S.- Kasba, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30 (a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of illicit liquor from a motorcycle bearing Registration No.BR11AS-3458 which belongs to this petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is the owner of the said motorcycle but on the alleged date of occurrence, the son of the petitioner, namely, Sonu Kumar had taken away the said

Patna High Court CR. MISC. No.17771 of 2022(2) dt.12-08-2022 2/2 motorcycle and incriminating wine was recovered. The said coaccused Sonu Kumar was apprehended at the spot and after incarceration of jail, he was released on regular bail. The said vehicle was driven by said co-accused Sonu Kumar and not this petitioner and it is not proper for the one offence, two persons have been implicated in this case. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge No.1, Purnea in connection with Baisi P.S. Case No. 10 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T