Dinkar Dayal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48513 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Dinkar Dayal Sah, son of Late Dasrath Sah, resident of village Barewa, P.S. Dhaka, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Shantanu Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 27 liters of Nepali liquor is said to have been recovered from the jute bag being carried by the petitioner on his head and petitioner was 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 with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.48513 of 2018 (02) dt.08-08-2018 - 2 - possession. He has no criminal antecedent and has been languishing in custody since 15.06.2018.

In the facts and circumstances of the case, 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 Special Judge Excise, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No. 87 of 2018.

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