Dipu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17578 of 2017 (2) dt.27-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17578 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -BARACHATTI District- GAYA ====================================================== Dipu Kumar, Son of Late Ram Pravesh Yadav, Resident of Village- Khatka Chak Naili, P.S. Vishnupad, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-04-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 10 of the petition. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barachatti P.S. Case No. 09 of 2017, registered under Sections 272, 273 and 120(B)of the Indian Penal Code and Sections 30(a) and 32(2) of the Excise Act.

The accusation is of recovery of 240 bottles, each containing 375 ml and one bottle containing 180 ml of Indian made foreign liquor from the Honda City, in which, petitioner and four others were found sitting.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.17578 of 2017 (2) dt.27-04-2017 petitioner is not the owner of the Honda City car and he has falsely been implicated in the case mere on suspicion as he took lift in the Honda City car. It is further submitted that petitioner is in custody since 07.01.2017.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati at Gaya, in connection with Barachatti P.S. Case No. 09 of 2017. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T