Patna High CourtCR. MISC./5123/2021dismissed

Dilip Kumar Singh @ Dilip Singh v. The State Of Bihar

2021-09-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5123 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- KORHA District- Katihar ====================================================== DILIP KUMAR SINGH @ DILIP SINGH (IN ACCUSED COLUMN OF FIR HIS NAME WRITTEN AS DEEPAK KUMAR SINGH WHICH IS WRONG) SON OF LATE SARYUG PRASAD, RESIDENT OF VILLAGE -BISHARIYA , POLICE STATION -KORHA, DISTRICT- KATIHAR, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-09-2021 Heard Mr. Bimal Kumar, learned Advocate for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Korha P.S. Case No. 107 of 2020 dated 26.02.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Approximately 43 litres of liquor is said to have been recovered from the veranda of the house of the petitioner.

Learned counsel for the petitioner has submitted that the accusation against him is false. In the seizure list as well as in the FIR, he has been shown as

Patna High Court CR. MISC. No.5123 of 2021(2) dt.17-09-2021 2/2 Deepak Kumar Singh. Even his parentage has not correctly been stated.

Apart from this, it has been submitted that he is a Kirana shop owner and has been made accused out of a vindictive approach of the local police officers. The petitioner does not have criminal antecedents.

Notwithstanding the aforesaid argument, I am not inclined to grant anticipatory bail to the petitioner in view of recovery of liquor from the veranda of his house. Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrender before the court below and seeks bail, the arguments aforenoted shall be taken into account and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) krishna/- U T