Dilip Kumar @ Dilip Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21008 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- MAHUA District- Vaishali ====================================================== DILIP KUMAR @ DILIP RAI SON OF BALLI RAI @ BALI RAY @ JALI RAI R/O VILLAGE- BISUNPUR MADHAUL, P.S.- MAHUA, DISTRICTVAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 21.01.2022, charge-sheet has been submitted and has antecedent of three cases.
Allegation is of recovery of 1593.705 litre of liquor from a truck and a Pickup Van.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot. Petitioner is neither
Patna High Court CR. MISC. No.21008 of 2022(2) dt.29-04-2022 2/2 the owner nor the driver of the aforesaid vehicle and name of the petitioner transpired based on the secret information. It is submitted that the police based on the antecedent of the petitioner falsely implicated him on the basis of secret information.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 21.01.2022, charge-sheet has been submitted and was not arrested from the spot and name of the petitioner came based on the secret informant, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahua P.S. Case No. 502 of 2021. (Satyavrat Verma, J) Kundan/- U T