Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47298 of 2018 Arising Out of PS. Case No.-270 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Dipu Kumar, S/o Late Ram Pravesh Yadav, R/o Vill-Khatkachak Nailly, P.S. Vishnupad, Distt-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sherghati (Dobhi) P.S. Case No. 270 of 2018 registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition Excise Act, 2016.

52 lts. Beer and 7.8 lts. foreign liquor are said to have been recovered from Tata Indigo Car and petitioner, who happens to be its driver was apprehended by the villagers and later on handed over to the police while four other accused persons sitting in the car managed to escape. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.47298 of 2018(2) dt.02-08-2018 2/2 that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized article. He happens to be driver of the said car and he had no knowledge of carrying of aforesaid article in the car by its commuter, who managed to escape seeing crowd of villagers. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 22.05.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 270 of 2018.

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