Patna High CourtCR. MISC./42728/2024bail granted

Dipu Kumar v. The State Of Bihar

2024-06-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42728 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Dipu Kumar Son Of Parmeshwar Singh Village- Salempur, P.S.- Chandi, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Nawada P.S. Case No. 285 of 2024 dated 21.04.2024 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of country made liquor was recovered near the Bahiro Railway Power grid.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The recovery has been made from an open place

Patna High Court CR. MISC. No.42728 of 2024(2) dt.24-06-2024 2/2 which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Ara Nawada P.S. Case No.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T