Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25633 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== DILIP KUMAR S/o Ram Prasad Yadav Resident of Village-Salaiyakala, Tola Adharkichak, P.S.-Fatehpur, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Smt. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2020 Heard Mr. Vijay Anand, learned counsel for the petitioner and Smt. Asha Devi, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Special Case No. 707 of 2020 arising out of Fatehpur P.S. Case No. 107 of 2020 registered for the offences punishable under Sections 30(a) and 30(2) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the Police intercepted the Motorcycle of the petitioner and recovered a total quantity of 55 litres of Mahua liquor from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.25633 of 2020(2) dt.28-09-2020 2/2 motive. Learned counsel further submits that the petitioner has got one criminal antecedent, but the same is not of similar nature. The petitioner is in custody since 1.6.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 1.6.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Special Case No. 707 of 2020 arising out of Fatehpur P.S. Case No. 107 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T