Dipankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2499 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Dipankar Kumar S/O Binda Paswan R/O Khaira, P.S.-GAURICHAK Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 36, 41(1) of the Bihar Prohibition & Excise Act.

There is recovery of 19.5 litres of illicit Indian made foreign liquor from a Bolero vehicle and petitioner was apprehended. From the identification of the petitioner 19.5 litres and 28.5 litres of Indian made foreign liquor was recovered from the houses of other co-accused persons.

Patna High Court CR. MISC. No.2499 of 2024(2) dt.30-01-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 30.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Patna.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.2499 of 2024(2) dt.30-01-2024 3/3 each to the satisfaction of learned Exclusive Court of Excise, Special Judge, Excise, Patna City, Patna in connection with Gaurichak P.S. Case No. 618 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T