Deepak Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42929 of 2018 ====================================================== Deepak Giri, Son of Harendra Giri, Resident of village - Bhawaniganj, P.O. & P.S. - Manjha Garh, District-Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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.

252.720 litres of foreign liquor is said to have been recovered from the scooty lying on the road near brick kiln near Bhawaniganj Chawar and the petitioner and three other accused persons started escaping from the aforesaid place while the petitioner was apprehended and other accused persons 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. He has no concern

Patna High Court Cr.Misc. No.42929 of 2018 (2) dt.17-07-2018 2/2 either with the seized liquor or with the scooty in question. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor laden scooty there seeing the police party. He has no criminal antecedent. He has been languishing in custody since 31.05.2018.

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 2nd Addl. Session Judge cum Special Judge, Excise Act, Gopalganj in connection with Majhagarh P.S. Case No. 143 of 2018.

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