Dipu Kumar @ Dipu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25645 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== DIPU KUMAR @ DIPU SINGH S/o Shital Singh Resident of VillageRampur Jaipal, P.S.-Bochaha, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr.Arvind Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Bochaha P.S. Case No.87 of 2020 registered under Sections 272, 273 of the Indian Penal Code and under Sections 30(a) and 32(2) of Bihar Prohibition and Excise Act.

The informant got information that eight persons including the petitioner have concealed huge quantity of liquor in a maize field and on such, a raid was conducted. 102 litres of liquor was recovered from the maize field of Fuleshwar Sah. Four persons namely, Premlal Sah, Kedar Sah, Arjun Pandit and Chhotelal were apprehended and they disclosed that Fuleshwar Sah, Dipu Kumar(the petitioner), Amar Kumar and Rajesh Kumar managed to flee away.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25645 of 2020(2) dt.15-10-2020 2/2 nothing has been recovered from the possession of the petitioner. The liquor was recovered from the maize field of Fuleshwar Sah. Petitioner has got no criminal antecedent. Taking into consideration the fact that nothing has been recovered from the possession of the petitioner and apprehended accused disclosed that petitioner managed to flee away although the informant also named the petitioner as the person who had assembled but the house of the petitioner was not searched or anything was recovered from the possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail 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, Muzaffarpur in connection with Bochaha P.S. Case No.87 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T