Allowed

Dinesh Kumar v. The State of Bihar

Patna HC18 Feb 2022CR. MISC./46990/2021

Case brief

AI extract

What is this about?

This is an oral order allowing bail for the petitioner in a criminal case involving prohibition violations and offences under the Indian Penal Code. The court noted the delay in arrest and weak identification as key factors.

What did the court decide?

The petitioner to be released on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount, subject to conditions regarding surety relationship and attendance.

Dinesh Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46990 of 2021

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Arising Out of PS. Case No.-122 Year-2019 Thana- RIGA District- Sitamarhi

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

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DINESH KUMAR Son of Mahendra Raut R/o Village- Riga Imali Bazar, P.S.- Riga, District- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Anil Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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3 18-02-2022

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This matter has been taken up today for considera-

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tion through video conferencing.

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Heard learned counsel for the petitioner and learned APP for the State.

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This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

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Petitioner seeks bail in connection with Riga P.S. Case No. 122 of 2019 registered under Section 272, 273, 414 and 434 of the Indian Penal Code and Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

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It is submitted that the petitioner has no concern with the stolen vehicle from which 150 literes Nepali Saufi Wine has

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Patna High Court CR. MISC. No.46990 of 2021(3) dt.18-02-2022 2/3

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been recovered. Even as per prosecution, he was not present at the time and place of occurrence. His arrest is more than a year later, based on unreliable identification made by local chowkidar . The submission is that petitioner has no antecedent.

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The learned APP has opposed the prayer.

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Having considered the rival submissions, this Court would find that petitioner’s arrest is more than a year after the alleged recovery, his implication is based on identification by the local chowkidar and petitioner was not arrested at the time and place of recovery.

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Prayer for bail of the petitioner is allowed. Let the petitioner above named 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 learned Additional District and Sessions Judge 2nd-cum-Special Excise Judge (Excise) Sitamarhi in Riga P.S. Case No. 122 of 2019, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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Patna High Court CR. MISC. No.46990 of 2021(3) dt.18-02-2022 3/3

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(ii) That the petitioner will be well represented on

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each date and if he fails to do so on two consecutive dates, his

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bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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SUMIT/-

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U T

Dinesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dinesh 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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