Patna High CourtCR. MISC./7144/2018bail granted

Dinesh Kumar v. The State Of Bihar

2018-02-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7144 of 2018 Arising Out of PS.Case No. -407 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Dinesh Kumar, Son of Jaipal Singh @ Jaipal, Resident of VillageRargharan, P.S.- Sonipatt Sadar, District- Sonipatt. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gopalganj Town P.S. Case No.407/2017 registered under Sections 147, 148, 149, 353, 307, 308, 420 of the Indian Penal Code and Sections 30(A) and 41(1) of Bihar Prohibition and Excise Act, 2016. 2737 liters of foreign liquor is said to have been recovered in course of unloading from the truck and three accused persons including petitioner, who were indulged in unloading liquor were apprehended, while others managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been

Patna High Court Cr.Misc. No.7144 of 2018 (2) dt.13-02-2018 2/2 falsely implicated in this case. The petitioner happens to be a labourer and was unloading the cartoons from the truck without knowing its content. He has got no criminal antecedent. Similarly situated co-accused namely Ranjan Kumar has been enlarged on bail by coordinate Bench of this Court in Cr. Misc. No.58007 of 2017 vide order dated 18.12.2017. The petitioner has been languishing in custody since 14.09.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Gopalganj, in connection with Town P.S. Case No.407 of 2017.

(Prakash Chandra Jaiswal, J) Amit/- U T