Dipu Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27271 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Dipu Kumar @ Deepak Kumar, Son Of Dharmendra Rai Resident Of Village - Pojhiya, P.S. - Lalganj, Distt. - Vaishali (Wrongly Given In F.I.R. - Village - Sathiauta, P.S. - Bhawanpur, Distt. Vaishali) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 108 litre of liquor from a place near the Bathan of Rambhu Rai.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from a place which does not

Patna High Court CR. MISC. No.27271 of 2023(2) dt.16-05-2023 2/2 belong to the petitioner. It is further submitted that petitioner came to be implicated based on confessional statement of Sachin Kumar in police custody which does not have any evidentiary value.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court Court No.1-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bhagwanpur P. S. Case No.46 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T