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Patna High CourtCR. MISC./23104/2018bail granted

Dinesh Keshari v. The State Of Bihar

2018-04-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23104 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Dinesh Keshari, S/o Late Parmeshwar Keshari, Resident of VillageMalpparasi, P.S.- Sonamani Gudam, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha, Adv. For the Opposite Party/s : Mr. Asharaf Ansai, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

9 bags containing 297.3 liters of Nepali liquor is said to have been ferrying by the petitioner and five named & three unknown miscreants and other accused persons seeing the police party managed to escape while petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case by the police merely on suspicion

Patna High Court Cr.Misc. No.23104 of 2018 (02) dt.27-04-2018 2/ 2 while he was passing through the place of occurrence at the time of occurrence. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 24.02.2018.

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 the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Kursakanta (Sonamani Godam) P.S. Case No.47 of 2018, arising out of Special Case No.272 of 2018.

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