Dipak Patel @ Deepak Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29177 of 2019 Arising Out of PS. Case No.-586 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Dipak Patel @ Deepak Patel, Son of Prahlad Patel @ Prahlad Prasad, Resident of Mohalla- Baswariya, Ward No. 29, Police Station- Bettiah (Town), District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bettiah (Muffasil) P.S. Case No.586 of 2018 for the offences under Sections 30(a), 31, 35, 38, 41, 56 (d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 22.12.2018. He further submits that in the instant case total 928.800 liters liquor was seized. He further submits that nothing was recovered from the conscious possession of the petitioner and he is not involved in trade of liquor.

Learned counsel further submits that similar

Patna High Court CR. MISC. No.29177 of 2019(2) dt.02-05-2019 2/2 circumstance other co-accused have been granted bail by this Court in Criminal Misc. No.11603 of 2019 vide order dated 26.02.2019.

Considering the fact that nothing was recovered from the conscious possession of this petitioner and petitioner has remained in custody for more than four months and similar circumstance other co-accused have already been granted bail by this Court, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, West Champaran at Bettiah, in connection with Bettiah (Muffasil) P.S. Case No.586 of 2018 with the condition that one of the bailors should be the elected representative of the local body.

(Anil Kumar Upadhyay, J) sunil/- U T