Dilip Sah @ Dilip Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52973 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -SAHAJITPUR District- SARAN ====================================================== Dilip Sah @ Dilip Kumar Sah S/o Bhola Sah @ Roop Lal Sah, R/o Vill.- Medhuka, P.S.- Sahajitpur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Kumar Ranjan For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 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 30 and 30(A) of the Bihar Prohibition and Excise Act, 2016.

2008.080 litres of foreign liquor is said to have been recovered from the damaged house of Triguna Thakur and from the truck said to have been kept there by the petitioners who managed to escape but identified by the police and local Chaukidar in the torch light during the course of escaping. 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.52973 of 2018 (2) dt.28-08-2018 2/2 either with the seized liquor or with vehicle in question or with the place of recovery or any trade of liquor. He has been falsely implicated in the case at the instance of his enemy. He was not apprehended on the spot. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 18.07.2018. Similarly situated co-accused persons, namely, Subodh Kumar @ Subodh Singh @ Prabodh Kumar and Vikesh Singh @ Vikesh Kumar Singh @ Bavali Singh @ Bewel Singh have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.08.2018 passed in Cr. Misc. No. 50717.

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 6th A.D.J. cum Special Judge, Excise, Saran at Chapra in connection with Sahajitpur P.S. Case No. 68 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T