Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71678 of 2021 Arising Out of PS. Case No.-276 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== DIPAK KUMAR Son of Nagina Sahani R/o vill.- Panchrukha, P.S.- Banjariya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 413 and 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on an information having been received, on checking of the vehicles, it is stated that 340 litres of liquor was recovered from a car. Further, the petitioner who was on motorcycle and acting as a liner was also arrested and 2 litres of liquor was recovered from the petitioner's possession.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He has

Patna High Court CR. MISC. No.71678 of 2021(2) dt.07-06-2022 2/2 no concern with the car from which the recovery of 340 litres of liquor was made. No incriminating article was recovered from his possession. He is in custody since 29.7.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Nautan P.S. Case no.276 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran. (Partha Sarthy, J) Saurabh/- U T