Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21289 of 2024 Arising Out of PS. Case No.-1093 Year-2023 Thana- SONEPUR District- Saran ====================================================== Dilip Kumar SON OF Mahabir Ray RESIDENT OF VILLAGE- SABALPUR PACHIYARI TOLA PS- SONEPUR, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Mishra For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a), 32, 36 and 47 of the Bihar Excise Act and Sections 188, 420, 120B and 34 of the IPC.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 696.81 litres of liquor from a truck. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized vehicle. It is further submitted that the police falsely implicated the petitioner when petitioner

Patna High Court CR. MISC. No.21289 of 2024(2) dt.28-03-2024 2/2 has not been identified either by the Chaukidar or any other local person. It is also submitted that it absolutely does not stand to reason that how the informant identified the petitioner when they are not known to each other. It is next submitted that it appears that the police in order to save the real culprit falsely implicated the petitioner, taking advantage of his antecedent. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sonepur P.S. Case No. 1093 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T