Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59020 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== DIPU KUMAR, aged about 25 years, Male, S/O Dinesh Sah, Resident of Vill. - Saraya, P.S.- Krishnagarh, District- Bhojpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Barhara (Krishnagar) P.S. Case No. 261 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about concealing of illicit liquor by the petitioner at Saraiya Sabzi Market Tinmohani, the informant, along with other police officials, reached there at 08.20 p.m. On seeing the police party, the culprit started to flee away. In course of search in a gunny bag 16.740 liters Indian made foreign liquor recovered and the local Chowkidar stated that the person who fled away is Dipu Kumar. It is also alleged that Dipu Kumar also sent to jail in connection with similar allegation.

Patna High Court CR. MISC. No.59020 of 2019(2) dt.18-09-2019 2/2 The submission of the learned counsel for the petitioner is that it appears from the first information report that the petitioner is not apprehended on the spot. In fact, the petitioner is accused in Barhra P.S. Case No. 258 of 2019 of similar nature, due to that reason the petitioner has been implicated in the present case by the local Chowkidar. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barhara (Krishnagar) P.S. Case No. 261 of 2019 shall 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 Additional District Judge IV-cum-Special Judge, Excise, Bhojpur at Ara, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T