Dinesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62900 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Dinesh Sao, S/o Maheshwar Sao, Resident of Village- Nawalsahi, P.S.- Nowalsahi, District- Kodarma.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mufassil P.S. Case No. 196 of 2016 for the offences punishable under Section 120B of the Indian Penal Code and 30(A), 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016. The allegation of police is that upon receiving secret information that a truck was standing on NH-31 near Patura English village, which was loaded with illicit liquor, the police had gone to the said place and searched the truck, however, nothing could be found from the truck, but the khalasi of the said truck disclosed about the accused persons who were indulged in the trade of foreign liquor, whereafter huge quantities of foreign

Patna High Court Cr.Misc. No.62900 of 2017 (2) dt.17-01-2018 2/2 liquor was recovered. It is alleged that the petitioner is the owner of the said truck.

The learned counsel for the petitioner submits that no recovery has been made from the truck, hence the petitioner cannot be implicated in the said case. It is further submitted that the petitioner has a clean antecedent and he is in custody since 6.11.2017. It is also the contention of the learned counsel for the petitioner that the other accused persons have been granted bail by this Court.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Nawada in connection with Mufassil P.S. Case No.196 of 2016.

(Mohit Kumar Shah, J) BTiwary/- U T