Diwakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70301 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- RISIYAP District- Aurangabad ====================================================== DIWAKAR KUMAR Son of Dharmendra Kumar Resident of Village - Pachakediya, P.S.- Nawa Jaypur, Palamu, Jharkhand, (in FIR stated as resident of village - koiry Bigha, P.S.- Kutumba, District - Aurangabad). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Risiyap Police Station Case No. 113 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that 60 litres of illicit country-made liquor has been recovered from the motorcycle of the petitioner. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with oblique motive. He further submits that the procedure prescribed for search and seizure under the provisions of the Bihar Prohibition and Excise Act, 2016 and the Code of

Patna High Court CR. MISC. No.70301 of 2021(2) dt.24-05-2022 2/2 Criminal Procedure, 1973, have not been followed. He further submits that the petitioner is in custody since 21.11.2021, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 21.11.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Aurangabad, in connection with Risiyap Police Station Case No. 113 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √