Dilip Rai @ Dilip Kumar @ Dilip v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45152 of 2024 Arising Out of PS. Case No.-184 Year-2022 Thana- MANER District- Patna ====================================================== Dilip Rai @ Dilip Kumar @ Dilip Son of Birendra Rai Village- Beyapur South Of Bank Of India Ki Gali, P.S.- Maner, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Usha Kumari Singh, Advocate For the Opposite Party/s :
Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The accused/petitioner is not named in the F.I.R. and apprehended his arrest in connection with Maner P.S. Case No. 184 of 2022 registered for the offences punishable under Sections 30(a)(c), 34, 36 and 41 of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 198 litres of IMFL/country made liquor.
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4. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner appears in the present case on the basis of confessional statement of co-accused namely Pintu Kumar, who also appears to be involved on the basis of confessional statement of coaccused namely Pawan Kumar from whose possession alleged recovery of illicit liquor was made. It is also submitted that petitioner found involved in one more case of similar nature as his name appears out of confessional statement/disclosure made by co-accused persons. It is further submitted that in furtherance of confessional statement nothing incriminating appears to be recovered from the possession of this petitioner, so as to connect him with the present recovery of illicit liquor. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by Bihar Homeguard personnels.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
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6. In view of the facts and circumstances as mentioned above and as there is no recovery of illicit liquor, prima facie, from the conscious physical possession of this petitioner, where his name appears out of suspicion on the basis of disclosure/confessional statement of co-accused, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur/concerned Court below where the case is pending in connection with Maner P.S. Case No. 184 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions:- (i) That petitioner shall not involve in the similar nature of offence till the
4/4 conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T