Patna High CourtCR. MISC./4498/2023bail granted

Dinesh Kumar v. The State Of Bihar

2023-04-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4498 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- ISHIPUR District- Bhagalpur ====================================================== DINESH KUMAR Son of Puran Tanti R/o Chuanpani, P.S.- Bounsi, DistrictBanka, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neelambar Jha, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023

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

2. Petitioner seeks regular bail in connection with Ishipur (Barahat) P.S. Case No. 38 of 2022 dated 16.05.2022 registered for the offences punishable under Sections 30(a) and 30(f) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that at the time of recovery of the alleged liquor from the Bolero pick-up vehicle, the petitioner was not present in the alleged vehicle and he is owner of the said vehicle and on account of the said reason, he has been made accused in this case and the driver namely Santosh Yadav, who was apprehended with the seized liquor, has been granted bail by a co-ordinate Bench of this Court vide order dated 23.11.2022

Patna High Court CR. MISC. No.4498 of 2023(2) dt.28-04-2023 2/2 passed in Cr. Misc. No. 52601/2022 and the petitioner has fair and clean antecedent and has been languishing in jail since 21.09.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and also the fact that the investigation has been completed against him and he was not arrested at the spot of recovery from the alleged vehicle, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Ishipur (Barahat) P.S. Case No. 38 of 2022. (Shailendra Singh, J) annu/- U T