Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56527 of 2025 Arising Out of PS. Case No.-471 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Dipu Kumar S/o Shatrudhan Raut @ Shatrudhan Rawat @ Shatrughan Raut R/o Village- Vikrampur, P.S.- Marhaura @ Marhowrah, District- Chapra (Saran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 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 Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 75 litres of illicit spirit kept in kitchen was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that the house in question, from where the illicit spirit was recovered, is a joint family house. Petitioner has no concern with the seized spirit. Nothing has been recovered from conscious possession of the petitioner. It is also submitted that petitioner is a heart patient and in support
Patna High Court CR. MISC. No.56527 of 2025(3) dt.25-09-2025 2/3 thereof, a copy of medical prescription is also filed. Petitioner has two criminal antecedents of similar nature. There is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 11.07.2025 and he undertakes to cooperate in the investigation and trial.
5. Learned APP 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 the Court concerned in connection with Marhowrah P.S. Case No.471 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 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;
Patna High Court CR. MISC. No.56527 of 2025(3) dt.25-09-2025 3/3 (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