Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82414 of 2024 Arising Out of PS. Case No.-385 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Dilip Kumar Son of Meghan Paswan @ Meghnath Paswan village- Dayalpur Tanda PS- Baranti District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajapakar PS Case No. 385 of 2024 instituted for the offences under Sections 30(a) & 30(d) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 25 liters country made liquor, a gas stove, a gas cylinder and a drum having its capacity of 20 L were recovered from cowshed made of husk.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.82414 of 2024(2) dt.03-12-2024 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner was arrested on the spot. It is submitted that recovery is from an open place, which is accessible to one and all. It is submitted that petitioner has no concern with the cowshed. The petitioner is in custody since 18-10-2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajapakar PS Case No. 385 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T