Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42038 of 2021 Arising Out of PS. Case No.-272 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== DIPAK KUMAR S/o Shivjanam Yadav Resident of Village- Ajarkawe Hasauli, P.S.- Muffasil, District- Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with General Registration No. 642 of 2021 arising out of Daudnagar P.S. Case No. 272 of 2021 for the offence registered under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 30(a), 34, 36, 41(1) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 4575 litres of illicit liquor from a truck. The said truck was also being followed by a small car and the police had intercepted both the truck and the car. It is further alleged that from the truck in question 4575 litres of illicit liquor was recovered, however, no recovery was made from the car in question but the petitioner was apprehended while he was sitting in the said car.

Patna High Court CR. MISC. No.42038 of 2021(2) dt.05-01-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 21.05.2021. The learned counsel for the petitioner has further submitted that neither any illicit liquor has been recovered from the car in question in which the petitioner was sitting nor any illicit liquor has been recovered from the conscious possession of the petitioner. It is also submitted that neither the car nor the truck in question belongs to the petitioner. Per contra, the learned counsel 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 materials available on record as also considering the fact that no recovery of illicit liquor has been made either from the conscious possession of the petitioner or from the car in which the petitioner was travelling as also the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.42038 of 2021(2) dt.05-01-2022 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Aurangabad in connection with General Registration No. 642 of 2021 arising out of Daudnagar P.S. Case No. 272 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T