Dilip Pandey @ Dillip Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32137 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Dilip Pandey @ Dillip Panday Son Of Sri Krishna Pandey Resident Of Nc - 7, Floor - 1, Gayatri Mandir, P.O.- Lohia Nagar, P.S.- Kankarbagh, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 56(b) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2135 litres of codeine syrup recovered from the rented room of the petitioner and two autos were seized. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the house belongs to one Ram Lakhan Mahto. It is next

Patna High Court CR. MISC. No.32137 of 2023(2) dt.24-05-2023 2/2 submitted that petitioner has been falsely implicated in the case alleging that he had rented the room of Ram Lakhan Mahto, when petitioner is not a tenant in the said house. The learned counsel submits that police in a mechanical manner implicates innocent people or for some ulterior reason in order to save the real culprits, petitioner came to be implicated, when admittedly petitioner is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Patna Excise P. S. Case No.144 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T