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Patna High CourtCR. MISC./56296/2025allowed

Dipak Kumar Das @ Guddu v. The State Of Bihar

2025-10-09Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56296 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Dipak Kumar Das @ Guddu S/O Ram Jeetan Das @ Ramyatan Das Resident of Village- Rajputana Tola, Jaynagar, P.S. Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 274, 275, 317(5) of Bharatiya Nyaya Sanhita and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 450 litres of illicit liquor was recovered from Mahindra Xylo car bearing Reg. No. BR01-PA-2196.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his eight criminal antecedents. Further submission is that petitioner was the passerby and on suspicion, he was arrested. Petitioner is not the owner of the seized vehicle and was not driving the same. He has no concern with the seized

Patna High Court CR. MISC. No.56296 of 2025(3) dt.09-10-2025 2/3 liquor. Nothing has been recovered from conscious possession of the petitioner. It is submitted that there is violation of Sections 103 and 105 of B.N.S.S. The charge-sheet has already been submitted after completion of investigation. There is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 11.06.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Jaynagar P.S. Case No.122 of 2025, corresponding to G.R. No. 431 of 2025 with further conditions:- (i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.56296 of 2025(3) dt.09-10-2025 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;

(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bond. (Sunil Dutta Mishra, J) utkarsh/- U T