Dilip Maraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25256 of 2018 Arising Out of PS.Case No. -173 Year- 2018 Thana -KATIHAR District- KATIHAR ======================================================

1. Dilip Maraiya S/o Late Sukhdeo Maraiya R/o Azampur, Shankarganj, P.S. Barari, Distt - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 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 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

24 liters of country made liquor is said to have been recovered from the bicycle of the petitioner and 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 at the instance of his enemy by

Patna High Court Cr.Misc. No.25256 of 2018 (02) dt.01-05-2018 2/ 2 planting the aforesaid recovery from his possession. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 24.03.2018. 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 A.D.J.-II-cumSpecial Judge Excise Act, Katihar in connection with Katihar Town (Sahayak) P.S. Case No.173 of 2018.

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