Digambar Bhagat @ Dipak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71674 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- DURAULI District- Siwan ====================================================== Digambar Bhagat @ Dipak Singh, Son of Bhim Bhagat R/o Village- Netwar PS- Daruali, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Darauli P.S. Case no. 66 of 2022 registered under sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on an information having been received and a raid being conducted, it is stated that the petitioner and other co-accused managed to escape and 70 litres of liquor was recovered.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession, who has been falsely implicated in the case because of his antecedents. He is in custody since 6.8.2023 and charge-

Patna High Court CR. MISC. No.71674 of 2023(2) dt.07-11-2023 2/2 sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot, no incriminating article having been recovered from the petitioner's possession, his being in custody since 6.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Darauli P.S. Case no. 66 of 2022, 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 Exclusive Special Excise Court no.1, Siwan.

(Partha Sarthy, J) avinash/- U T