Patna High CourtCR. MISC./7458/2019bail granted

Manoj Dhanikar @ Manoj Dharikar v. The State Of Bihar

2019-02-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7458 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- PIPRA District- Supaul ====================================================== MANOJ DHANIKAR @ MANOJ DHARIKAR, Mal, aged about 37 years, son of Lalan Dhanikar @ Lalan Prasad, Resident of Village-Ward No. 10, Ramnagar, P.S.- Pipra, District- Supaul ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Goutam, Adv.

For the Opposite Party :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 27.12.2018 in connection with Pipra P.S. Case No. 216 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that while he was on night patrolling he saw a tempo trying to escape. On chase tempo stopped, but, the driver fled away. On search of the tempo (Ape Xtra DLX, bearing registration no. R8E2964873), 990 bottles, containing 300 ml each of Nepali country made liquor, were recovered. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent, bears no criminal antecedent and has been falsely implicated in the case. The

Patna High Court Cr.Misc. No.7458 of 2019(2) dt.08-02-2019 2/2 petitioner is the owner of the tempo and was not at the place of occurrence, rather it was taken by one Ram Lakhan Yadav from his brother. Nothing has been recovered from the conscious possession of the petitioner.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Pipra P.S. Case No. 216 of 2018 to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge, Supaul.

(Nilu Agrawal, J) Shamshad/- U