Dinesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55557 of 2018 Arising Out of PS. Case No.-467 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
1. Dinesh Kumar, S/o Jokhan Patel,
2. Jagarnath Patel @ Jagarnath Patel S/o Late Mahesh Raut,
3. Niranjan Kumar S/o Nandu Patel,
4. Dipankar Raj S/o Amit Patel,
5. Ramesh Kumar S/o Amit Patel,
6. Arun Kumar S/o Hardeo Patel,
7. Manoj Kumar S/o Hardeo Patel, All Residents of Vill.- Bankat, P.S.- Muffasil, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Smt. Veena Kumari Jaiswal CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with Mufasil P.S. Case No. 467 of 2018 registered for the offence punishable under Sections 147, 149, 341, 323, 333, 224, 225, 353, 427 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise Act, 3⁄4 of the Public Property Damage Act.
Informant is the S.I., who in his written complaint
Patna High Court Cr.Misc. No.55557 of 2018(2) dt.18-09-2018 2/3 has stated that he received confidential information that illicit liquor was kept in the house of Rajesh Patel. After getting confidential information, informant and other police party reached there and on search 98 bottles of foreign liquor was recovered from the house of Rajesh Patel. Thereafter family members of the Rajesh Patel and 30-40 persons started pelting stones and damaged police jeep.
It has been submitted on behalf of the petitioners that petitioners are not named in the FIR, except from petitioner No. 2 Jagarnath Patel, nothing incriminating material has been recovered from the conscious possession of the petitioners. It has been further submitted that after perusal of the FIR, it appears that there is no specific allegation against the petitioners. Petitioners are only family members of the Rajesh Patel. Petitioners have no criminal antecedent and they are in custody since 03.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise,
Patna High Court Cr.Misc. No.55557 of 2018(2) dt.18-09-2018 3/3 East Champaran, Motihari, in connection with Mufasil P.S. Case No. 467 of 2018.
(S. Kumar, J) veena/- U T