Dinkar Kashyap @ Dinkar Kasyap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35463 of 2020 Arising Out of PS. Case No.-239 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.
DINKAR KASHYAP @ DINKAR KASYAP Son of Subodh Pd. Ray Resident of Village- Bharat Rasalpur, P.S.- Nath Nagar, District- Bhagalpur 2.
ANMOL KUMAR RAY Son of Sanjeev Ray Resident of Village- Bharat Rasalpur, Police Station- Nath Nagar, District- Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balram Kapri, Adv.
For the Opposite Party/s :
Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2021 Heard Mr. Balram Kapri, learned counsel for the petitioners and Mr. Ramchandra Singh, Additional Public Prosecutor for the State.
2. Petitioners seek regular bail in connection with Jagdishpur (Bypass) PS Case No. 239/2020 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The allegation, as per First Information Report, is that the police intercepted a car being driven by the petitioner, Dinkar Kashyap and recovered a total quantity of 67.890 litres of illicit liquor from the dickey of the said car.
4. Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and petitioner no.1 is driver of the car and petitioner no.2 is a passenger who had taken lift from petitioner no.1.
Patna High Court CR. MISC. No.35463 of 2020(2) dt.05-01-2021 2/2 Learned counsel further submits that petitioners are in custody since 15.07.2020. Learned counsel next submits that chargesheet has already been submitted in this case and there is no apprehension that petitioners will abscond or tamper with the evidence if they are released on bail.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioners are in custody since 15.07.2020 and the charge-sheet has already been submitted in this case, I am inclined to grant regular bail to the petitioners.
6. Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Excise-Bhagalpur in connection with Jagdishpur (Bypass) PS Case No. 239/2020.
7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T