DIPAK KUMAR VERSUS STATE OF BIHAR Special Leave to Appeal (Crl.) No(s). 305/2024

1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2024.
(Arising from SLP(Crl.)No(s).305/2024 )
DIPAK KUMAR APPELLANT(S)
VERSUS
STATE OF BIHAR RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the appellant and the State. The appellant is in detention since 07.05.2023. Charge sheet has been submitted on 28.06.2023. The allegations against the appellant are in relation to seizure of 90 liters of liquor.
All the four co-accused persons have been enlarged on bail.

In such circumstances, we do not think there is any justification to continue with detention of the appellant pending further proceeding in connection with the charge sheet. We, accordingly, set aside the impugned order and direct that the appellant be released on bail in connection with FIR No.369/2023 registered with Police Station Sitamarhi, Sub- Division Sadar, District Sitamarhi, Bihar, on such terms the concerned Court may consider fit and proper.
The appeal stands allowed in the above terms.
Pending application(s), if any, shall stand disposed of.
……………….J.
[ ANIRUDDHA BOSE ]
……………….J.
[SANJAY KUMAR ]
New Delhi;
March 11, 2024.

ITEM NO.2 COURT NO.5 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 305/2024
(Arising out of impugned final judgment and order dated 11-10-2023 in CRM No. 63381/2023 passed by the High Court Of Judicature At Patna)
DIPAK KUMAR Petitioner(s)
VERSUS
STATE OF BIHAR Respondent(s)
( IA No. 4131/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 4134/2024 – EXEMPTION FROM FILING O.T. & IA No. 4128/2024 – PERMISSION TO FILE ADDL.DOCUMENTS/FACTS/ANNEXURES)

Date : 11-03-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE ANIRUDDHA BOSE
HON’BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s) Ms. Tanya Shree, AOR
Mr. Ritu Raj, Adv.

For Respondent(s) Mr. Rishi K Awasthi, Adv.
Mr. Piyush Vatsa, Adv.
Ms. Ritu Arora, Adv.
Mr. Amit Vikram Awasthi, Adv.
Ms. Yukti Anand, Adv.
Mr. Rahul Mishra, Adv.
Mr. Avinash Ankit, Adv.
Mr. Rahul Kumar Gupta, Adv.
Mr. Shubham Saxena, Adv.
Mr. Kapil Kant, Adv.
Mr. Manoj Kumar, Adv.
Mr. Punit Vinay, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant is granted bail in terms of the signed order, which is placed on the file. Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI)
COURT MASTER (SH) ASSISTANT REGISTRAR