Patna High CourtCR. MISC./88702/2024bail granted

Dipu Kumar v. The State Of Bihar

2025-01-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88702 of 2024 Arising Out of PS. Case No.-2543 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Dipu Kumar S/O Anil Sao @ Anil Saw R/O Vill.- Jay Prakash Nagar, P.S.- Jakkanpur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 2543 of 2024, instituted for the offences punishable under Sections 30(a), 32(3) and 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 200 liters liquor was recovered from tempo and the petitioner was apprehended on spot.

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 the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.88702 of 2024(2) dt.09-01-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner is neither driver nor owner of the tempo in question, rather the petitioner was a passenger and he had no knowledge regarding the goods being loaded in the vehicle. The petitioner is in custody since 30.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 2543 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T