Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19759 of 2023 Arising Out of PS. Case No.-711 Year-2022 Thana- BIHTA District- Patna ====================================================== DIPAK KUMAR SON OF MUNNA RAI @ MUNNA RAM R/O VILLAGEAMHARA, P.S.- BIHTA, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samrendra Kumar Jha For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Special Excise Case No. 1189/2022, arising out of Bihta P.S. Case No. 711 of 2022, registered for the offence punishable under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in this case on the basis of confessional statement of co-accused. Similarly situated co-accused namely Amit Kumar @ Bittu has been granted bail vide order dated 10.10.2022 in Cr. Miscellaneous No. 50630 of 2022. Petitioner is in custody since 26.12.2022. Learned APP has vehemently opposed the prayer for

Patna High Court CR. MISC. No.19759 of 2023(2) dt.10-05-2023 2/2 bail.

Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Excise Judge, Danapur in connection with Special Excise Case No. 1189/2022, arising out of Bihta P.S. Case No. 711 of 2022.

(Sandeep Kumar, J) Ranjeet/- U T