Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35770 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Dinesh Kumar, Son of Yugal Mistri resident of Pathra English P.S Mufassil, Distt.- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

136 litres of foreign liquor is said to have been recovered near the saw mill of Gopal Mistry and the petitioner and two other accused persons standing near the saw mill were 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 place of

Patna High Court Cr.Misc. No.35770 of 2018 (2) dt.29-06-2018 2/2 recovery. He happens to be labourer and was standing at the place of occurrence at the time of occurrence and has been falsely implicated by the police merely on suspicion while real culprit managed to escape dumping the aforesaid liquor there seeing the police party. He has no criminal antecedent. He has been languishing in custody since 14.05.2018. Similarly situated coaccused, namely, Upendra Kumar and Manoj Kumar have been enlarged on bail by this court vide order dated 22.06.2018 passed in Cr. Misc. No. 35004 of 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 Addl. Sessions Judge-II cum Special Judge, Nawada in connection with Mufassil P.S. Case No. 78 of 2018.

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