Dipesh Kumar @ Divesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74379 of 2024 Arising Out of PS. Case No.-428 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Dipesh Kumar @ Divesh Kumar Son of Late Ram Sajivan Singh Resident of Village - Manpur Ratnawali, P.S. - Runni Saidpur, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Ahiyapur P.S. Case No. 428 of 2024 dated 29.03.2024 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 64.8 litres of illicit foreign liquor was recovered from the Wagon R vehicle and 20.1 litres of illicit foreign liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Local Chowkidar disclosed the name of the petitioner. It is further
Patna High Court CR. MISC. No.74379 of 2024(2) dt.05-02-2025 2/2 submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.
7. The application stands disposed of.
(Chandra Prakash Singh, J) guddukr/- U T