Patna High CourtCR. MISC./41841/2023bail granted

Dipu Kumar v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41841 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== DIPU KUMAR SON OF ANIL SAW RESIDENT OF WEST JAI PRAKASH NAGAR, P.S. - JAKKANPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 3826 of 2023 arising out of Parsa Bazar P.S. Case No. 197 of 2023 dated 28.4.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 80 litres of liquor is alleged to have recovered from the tempo which was being driven by the petitioner.

Patna High Court CR. MISC. No.41841 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.4.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Patna in connection with Special Case No. 3826 of 2023 arising out of Parsa Bazar P.S. Case No. 197 of 2023.

8. The application stands allowed.

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