Rinku Singh @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29365 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== Rinku Singh @ Dipak Kumar S/O Chhotan Singh R/O Village- Khakhri, P.S.- Kashichak, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the parties thorough virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kashichak P.S. Case No. 101 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accused/petitioner is named in the F.I.R. and is in custody since 26.03.2022.

The allegation against the petitioner is to have involved in the illegal business of illicit liquor, where 1574.25 liters of illicit liquor was recovered from a truck bearing Registration No. UP 80 T 9953.

Patna High Court CR. MISC. No.29365 of 2022(2) dt.01-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that, admittedly, no illicit liquor is being recovered from the conscious physical possession of the petitioner, in the background of the allegations as set out in the F.I.R.. It has been submitted that, being a social worker, the petitioner enquired about the occurrence by making a call on the mobile of S.D.P.O.. While concluding the argument, it has been submitted that petitioner is a man of clean antecedents and, moreover, the investigation in this case has already been completed for which chargehseet has been submitted, as such, there is no chance of tampering of evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as, admittedly, nothing incriminating recovered from the conscious physical possession of the petitioner, who is a man of clean antecedent, coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Kashichak P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District

Patna High Court CR. MISC. No.29365 of 2022(2) dt.01-07-2022 3/3 Judge-II-cum-Special Judge, Nawada, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Mrityunjay Kumar, who is the cousin brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T