Dipak Kumar Rai @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36224 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Dipak Kumar Rai @ Dipak Kumar Son of Baijnath Rai @ Baij Nath Ray R/o Vill- Moujabari Ghat Ward No. 15, P.S.-Kochadhaman Dist.- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)/32/41/47 of the Bihar Prohibition and Excise Act.

36 litres of foreign liquor has been recovered from a Maruti Suzuki Car. One person was arrested at the spot who disclosed the name of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got two criminal antecedents of similar nature as stated in paragraph-3 of the bail application. It is submitted that there is no recovery from the conscious possession of the petitioner. It is also submitted that petitioner is not the owner of the said Maruti Suzuki Car. Petitioner is agree to deposit a sum of Rs. 25,000/-

Patna High Court CR. MISC. No.36224 of 2022(2) dt.23-09-2022 2/2 (rupees twenty five thousand) in Bihar State Legal Services Authority bearing Account No.0380000100252472, IFSC Code: PUNB0038000, Punjab National Bank, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 2nd, Special Judge (Excise), Kishanganj in connection with Kochadhaman P.S. Case No.186 of 2021, giving rise to Special Case No.231/2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T