Dipu Sao @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18621 of 2019 Arising Out of PS. Case No.-210 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== DIPU SAO @ RAJESH KUMAR S/o Rameshwar Sao, Resident of Salimpur Ahra, P.S-Gandhi Maidan, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Sharma For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case got initiated on the basis of written report of Dadan Prasad, S.I. of Police submitted before the Station House Officer, Gandhi Maidan Police Station is to the effect that on 31.05.2018, during patrolling, after having received a secret information that in the house of Ramdeo Saw situated at Street No.2, Salimpur Aahar, illicit liquor is being sold by a person, a raid was laid and 13.770 litres of Indian Made Foreign Liquor were recovered. It is alleged that the place of recovery was let out by one Aakash Kumar Gupta, who was apprehended from the place of seizure who suggested that the

Patna High Court CR. MISC. No.18621 of 2019(2) dt.11-04-2019 2/3 petitioner Dipu Saw and he, both are indulged in the business of illicit liquor.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner and the petitioner has falsely been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the name of the petitioner's sprang up on the basis of confessional statement of apprehended co-accused.

Considering the fact that the material on record does not suggest the recovery from the conscious physical possession of the petitioner coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Gandhi Maidan P.S. Case No.210 of 2018

Patna High Court CR. MISC. No.18621 of 2019(2) dt.11-04-2019 3/3 (Special Case No.5128 of 2018), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T