Allowed

Dipak Kumar @ Dzzpok Kumar v. The State of Bihar

Patna HC10 Jun 2020CR. MISC./19228/2020

Case brief

AI extract

What is this about?

Patna High Court allowed bail to the second petitioner in a liquor gang case. The learned Judge, Anil Kumar Sinha, considered that the petitioner was a bona fide passenger, not the owner of the vehicle, and had no criminal antecedents, and thus was inclined to grant bail with bond and sureties. Petitioner no. 1 withdrew his application.

What did the court decide?

Petitioner no. 2 released on regular bail on bond of Rs. 25,000 with two sureties.

Dipak Kumar @ Dzzpok Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19228 of 2020

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Arising Out of PS. Case No.-13 Year-2020 Thana- KHIRHAR District- Madhubani

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======================================================

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Dipak Kumar @ Dzzpok Kumar aged about 27 years Son of Hari Lal Mahto, resident of Village - Pahi, P.S. - Sakari, District - Madhubani.

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Krishna Passi @ Krishna Pasi aged about 20 years Son of Anil Pasi, resident of Village - Laufa (wrongly mention lofaha) P.S. lakhanour, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mrs. Meena Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 10-06-2020

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Learned counsel for the petitioners submits that two bail applications on behalf of the petitioner no. 1 namely, Dipak Kumar @ Dzzpok Kumar have been filed on the same date. Accordingly, learned counsel for the petitioners seeks permission to withdraw this bail application insofar as petitioner no. 1 is concerned.

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Permission is accorded.

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This bail application in respect of petitioner no. 1 is

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dismissed as withdrawn.

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Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner no.- 2 and Mrs. Meena Singh, learned Additional Public Prosecutor appearing for the State through video

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Patna High Court CR. MISC. No.19228 of 2020(2) dt.10-06-2020 2/3

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conferencing.

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The petitioner seeks regular bail in connection with Khirhar P.S. Case No. 13 of 2020, G.R. No. 272 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The allegation against the petitioner as per the First Information Report is that Police intercepted a Tempoo and seized a total quantity of 315 liters of Nepali illicit wine from the same. The petitioner no.– 2 along with other co-accused persons were found sitting in the said Tempoo .

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Learned counsel for the petitioner submits petitioner has not committed any offence in the manner alleged inasmuch as the petitioner was sitting in the Tempoo as a bonafide passenger. Learned counsel further submits that petitioner is not the owner of the Tempoo and no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 17.02.2020.

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Having heard learned counsel for the parties and taking into consideration the fact that petitioner is not the owner of the Tempoo and he has got no criminal antecedent, I am

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Patna High Court CR. MISC. No.19228 of 2020(2) dt.10-06-2020 3/3

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inclined to grant regular bail to the petitioner no. – 2 .

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Accordingly, let the petitioner no. - 2 namely, Krishna

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Passi @ Krishna Pasi be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2^nd Additional Sessions Judge -cum-Special Judge Excise Act, Madhubani in connection with Khirhar P.S. Case No. 13 of 2020, G.R. No. 272 of 2020 .

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It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Dipak Kumar @ Dzzpok Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dipak Kumar @ Dzzpok Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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