Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44729 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== DILIP KUMAR Son of Late Suresh Sao Resident of Village - Puraini, P.S.- Giriyak, District - Nalanda at Biharsharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with G.O. Case No. 133 of 2021, registered for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 304.2 liters of illicit foreign liquor from an Indigo car, which is stated to be belonging to the petitioner.

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 16.3.2021.

Patna High Court CR. MISC. No.44729 of 2021(2) dt.15-12-2021 2/2 Per contra, the learned APP 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 period of incarceration, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned Additional District and Sessions Judge II cum Spl. Judge, Nawada in connection with G.O. Case No. 133 of 2021.

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