Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72096 of 2025 Arising Out of PS. Case No.-246 Year-2025 Thana- KHIJARSARAI District- Gaya ====================================================== Dipu Kumar S/O Dinanath Chaudhary R/O Village-Vithosharif P.S.- Chakand District- Gaya State- Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Khizersarai P.S. Case No. 246 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of 65 litres country made liquor from the Splendor Motorcycle of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor or the motorcycle. Petitioner is not involved in the business of illicit liquor. There is
Patna High Court CR. MISC. No.72096 of 2025(3) dt.15-10-2025 2/3 no compliance of Sections 103 and 105 of the B.N.S.S. Petitioner has no criminal antecedent. He is in judicial custody since 05.07.2025. Charge-sheet has already been submitted after completion of investigation. There is no likelihood of absconding the petitioner or tampering with the evidence by the petitioner. Petitioner undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged 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 Exclusive Special Judge Excise-2, Gaya in connection with Khizersarai P.S. Case No. 246 of 2025, subject to following conditions:
(I) the petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court itself; (II) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
7. The learned Trial Court shall verify the criminal
Patna High Court CR. MISC. No.72096 of 2025(3) dt.15-10-2025 3/3 antecedent of the petitioner. If, any criminal antecedent is found against the petitioner, his bail bond shall be cancelled. (Sunil Dutta Mishra, J) rakhi/- U T