Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23006 of 2025 Arising Out of PS. Case No.-407 Year-2024 Thana- Daudnagar Excise District- Aurangabad ====================================================== Dipu Kumar S/o Sri Ashok Singh R/o Village- Karmahi, P.O.- Sansa, P.S.- Daudnagar, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Chaudhary, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Daudnagar Excise P.S. Case No. 407 of 2024, dated 03.12.2024, lodged under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, total recovery of 15.75 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offense. Counsel further submits that the petitioner's motorcycle was stolen in the morning on the date of occurrence, prior to the alleged incident, and the petitioner was on his way to Ranchi to attend his friend's wedding. Therefore, he is completely unaware of the incident,
Patna High Court CR. MISC. No.23006 of 2025(2) dt.30-04-2025 2/2 but his name has only figured in this case because the said motorcycle belongs to him. The petitioner is also not named in the FIR. Counsel also submits that the criminal antecedents of the petitioner are clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge II, Excise, Aurangabad in connection with Daudnagar Excise P.S. Case No. 407 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T