Deepak Kumar @ Dipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22089 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -SIRDALA District- NAWADA ====================================================== Deepak Kumar @ Dipu, Son of Saryu Prasad, resident of VillageNawabganj, P.S.- Sirdala, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sirdala P.S. Case No. 83 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

60 litres of country made liquor is said to have been recovered from the jute bag loaded on the motorcycle and the 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 no concern either with the seized liquor or with the motorcycle in question. He has been falsely implicated in the case merely on suspicion

Patna High Court Cr.Misc. No.22089 of 2018 (2) dt.17-04-2018 2/2 while he was passing through the place of occurrence at the time of occurrence as miscreants managed to escape dumping the said motorcycle and bag at the place of occurrence. He has no criminal antecedent. He has been languishing in custody since 13.03.2018. Considering the facts aforesaid, 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 A.D.J.-II cum Special Judge, Nawada in connection with Sirdala P.S. Case No. 83 of 2018.

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