Dipak Kumar @ Dipak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34111 of 2023 Arising Out of PS. Case No.-741 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Dipak Kumar @ Dipak Rai Son Of Shivchandra Rai R/O Vill.- Mahua Singh Rai, P.S.- Mahua, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mahua P.S Case No. 741/2022 dated 24.11.2022 registered for the offence punishable under Sections 414 read with 34 of the Indian Penal Code and Sections 30(a), 32(2), 34(ii) and 41(1) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 2079 liters of foreign liquor was recovered from a pick up van.

Patna High Court CR. MISC. No.34111 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the seized vehicle. The petitioner is accused in five other criminal cases and he is on bail in two of the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection with Mahua P.S Case No. 741/2022.

The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U T