Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38702 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- GAMAHARIYA District- Madhepura ====================================================== Dipak Kumar son of Dilip Yadav @ Dilo Yadav Resident of Vill.- Kamajari, Ward No. 11, P.S.- Gamharia, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Excise Case No. 540 of 2020 (Madhepura Complaint Case No. 106 of 2020-21) for the offences under Sections 30(a) of the Bihar Prohibition & Excise Act. In the instant case, 269 litres of liquor has been seized from the house of the petitioner. Learned counsel appearing on behalf of the petitioner would submits that petitioner is no way

Patna High Court CR. MISC. No.38702 of 2020(2) dt.08-02-2021 2/3 connected with the trade of liquor and he has been implicated in this case due to village politics. The liquor was seized from the courtyard of the house. Petitioner is not the owner of the liquor but one Dipen Kumar is owner of the liquor.

The petitioner is in custody since 24.08.2020. Considering the fact that recovery was made from the courtyard of the house, this Court is inclined to grant bail to the petitioner, subject to deposit of cash of Rs. 50,000/- by the petitioner.

On deposit of cash of Rs. 50,000/- by the petitioner, the petitioner, above named, shall be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhepura in connection with Madhepura Complaint Case No. 106 of 2020-21, arising out of Excise Act Case No. 540 of 2020.

Patna High Court CR. MISC. No.38702 of 2020(2) dt.08-02-2021 3/3 The deposit of cash of Rs. 50,000/- shall abide by the final outcome of the present pending criminal case.

(Anil Kumar Upadhyay, J) Shageer/- U T