Dipesh Kumar @ Dipesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43652 of 2021 Arising Out of PS. Case No.-280 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== DIPESH KUMAR @ DIPESH KUMAR YADAV Son of Satya Narayan Yadav Resident of Village- Khaira- Chand, Ward No.-7, P.S.- Narpatganj, Dist- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms.Veena Rani Prasad, APP ====================================================== 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 Narpatganj P.S. Case No. 280 of 2021, registered for the offence punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 430 liters of illicit Nepali liquor from three vehicles and the petitioner and other accused persons were arrested from the spot. 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 22.6.2021. The learned counsel for the petitioner has further submitted that similarly situated

Patna High Court CR. MISC. No.43652 of 2021(2) dt.15-12-2021 2/2 co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 29.10.2021 passed in Cr. Misc. No. 43149 of 2021.

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 parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by co-ordinate Bench of this Court, 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 2nd Addl. Sessions Judge cum Special Judge, Araria in connection with Narpatganj P.S. Case No. 280 of 2021.

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