Patna High CourtCR. MISC./55910/2023bail granted

Tipu Sah @ Vishwa Pratap Kumar v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55910 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.

Tipu Sah @ Vishwa Pratap Kumar, S/O Mahendra Sah @ Giri Sah R/O Village- Chainpur Dhaka, Ps. Dhaka, Dist. East Champaran 2.

Raja Kumar, S/O Bikau Sah R/O Village- Chainpur Dhaka, Ps. Dhaka, Dist. East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 414/ 34 of the I.P.C. and Sections 30(a), 41(1) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 28.5 litres of liquor from a motorcycle.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.55910 of 2023(2) dt.25-08-2023 2/2 recovered from their conscious possession and they came to be implicated based on suspicion, when admittedly, they are not the owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-01, Civil Court, East Champaran at Motihari in connection with Dhaka P. S. Case No.395 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T