Dilip Kumar @ Dilip Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60559 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Dilip Kumar @ Dilip Kumar Gupta, son of late Kali Sao, resident of village-Dhab,P.S. Hariharganj, District-Palamu, Jharkhand .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Aurangabad (Muffasil) P.S. Case No.27 of 2017 instituted for the offence under Section(s) 420-B, 120-B Indian Penal Code and Section 30-A of the Bihar Prohibition & Excise Act, 2016.
Prayer of the petitioner for bail was earlier rejected by this Court by order dated 17.05.2017 passed in Cr. Misc. No.22795 of 2017 with liberty to renew the prayer after six months if no substantive progress is made in the trial. It is alleged in the written report that one Hywa Truck was intercepted and on search 450 liters foreign liquor was recovered from the said truck.
Patna High Court Cr.Misc. No.60559 of 2017 (3) dt.17-01-2018 2/2 It is stated that the petitioner is the truck driver. Petitioner is in custody since 11.03.2017.
A report was called for from the Trial Court about the present stage of trial, which has been received. From the report of the Court below, it appears that not a single witness has been examined till date. The case is running for evidence. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, IV, Aurangabad, in connection with Aurangabad (Muffasil) P.S. Case No.27 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.
The petitioner shall remain present on each and every date and will not try to influence or delay the trial. Absence of the petitioner on two consecutive dates without any reasonable cause will make his bail bond liable to be cancelled. (Sanjay Priya, J) JA/- U T