Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25551 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== DILIP KUMAR S/o Ram Bilash Sah Resident of Village-Laukhan, P.S.- Ghorasahan, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Kundwa Chainpur PS case no. 44 of 2020 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a), 41(1) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 27 liters of illicit Nepali wine from the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.25551 of 2020(2) dt.01-10-2020 2/2 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having clean antecedent and is languishing in custody since 13.03.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran, Motihari in connection with Kundwa Chainpur PS case no. 44 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T