Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86825 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- Karvandiya District- Rohtas ====================================================== Dinesh Kumar S/O Gupteshwar Prasad Resident Of Village - Hurka, Police Station- Tilouthu, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

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

Mr. Sanjay Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Karwandiya P.S. Case no. 20 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that on information that illegal liquor is being conveyed through a bike and the said bike was intercepted and one Kamlesh Sah was apprehended. From that bike altogether 16 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.86825 of 2024(3) dt.15-01-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted by learned counsel for the petitioner that petitioner is not the owner of the said bike from where the recovery of liquor has been made rather he is the first owner of the said bike. From perusal of the annexure-p/2 it will transpire that this petitioner has transferred his bike on 25.09.2018 to one Kamlesh Sah who was apprehended. Nothing has been recovered from the possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has gopt no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Karwandiya P.S. Case no. 20 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court

Patna High Court CR. MISC. No.86825 of 2024(3) dt.15-01-2025 3/3 No.2-cum-Additional District & Sessions Judge, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T