Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55030 of 2016 Arising Out of PS.Case No. -340 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Dilip Kumar, son of Late Mahesh Prasad, Resident of Village- Kurthol Bazar, P.S.- Parsa Bazar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 272, 273, 120 (B) of the Indian Penal Code as well as under Sections 47 (a), 48 (2), 54 and 63 of the Bihar Excise (Amendment) Act, 2016.

The allegation against the petitioner is about recovery of 101 ltrs. of foreign-made liquor from the possession of the petitioner and the others.

It has been submitted on behalf of the petitioner that no liquor has been recovered from the conscious possession of the petitioner rather it has been recovered from the 'Dicky' of the Bus and the petitioner was passenger in the bus. It has further been

Patna High Court Cr.Misc. No.55030 of 2016 (2) dt.22-12-2016 2/2 submitted that the petitioner is in custody for about 3 and 1⁄2 months. It has also been submitted that the co-accused, having similar allegation, has been granted bail by this Hon'ble Court, vide order dated 15.12.2016 passed in Cri. Misc. No.51975 of Heard learned A.P.P. also.

Having heard both sides. In view of the facts as stated above as well as the fact that nothing has been recovered from the possession of the petitioner and the co-accused, having similar allegation, has been granted bail by this Hon'ble Court, let petitioner 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 SDJM, Sherghati at Gaya in connection with Barachatti P.S.Case No.340 of 2016. (Vinod Kumar Sinha, J) chn/- U