Dilip Kumar @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38573 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== DILIP KUMAR @ SANDEEP KUMAR S/O Nawal Kishor Sahni Resident of Village- Banghara, P.S.- Siwaipatti, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-04-2021 Nobody appears on behalf of the petitioner.

The State is represented by Dr. Indiwar Kumari, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Siwaipatti P.S. Case No. 22 of 2020 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the prosecution report that 10 litres of locally brewed liquor was recovered from a person

Patna High Court CR. MISC. No.38573 of 2020(2) dt.17-04-2021 2/3 by the name of Bablu Kumar. The prosecution of the petitioner in the instant case is on the basis of a disclosure made by aforesaid Bablu Kumar that the liquor in question was handed over to him by the petitioner.

It has been stated in the bail petition that an absolutely false statement has been made by aforesaid Bablu Kumar. In fact, the prosecution of the petitioner is only based on the confession of an arrested accused person. The petitioner is stated to be a person of clean antecedents.

Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Siwaipatti P.S. Case No. 22 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.38573 of 2020(2) dt.17-04-2021 3/3 This order shall be given effect to only if the petitioner has not yet been arrested.

The petition stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T