Patna High CourtCR. MISC./14168/2018bail granted

Dinesh Kumar Ram @ Dinesh Ram v. The State Of Bihar

2018-03-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14168 of 2018 Arising Out of PS.Case No. -465 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Dinesh Kumar Ram @ Dinesh Ram, son of Jay Narayan, resident of Village- Moti Bagh Karbala Ward No. 5, P.S.+ District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 08.12.2017 in connection with Special Case No. 408 of 2017, arising out of Kishanganj P.S. Case No. 465 of 2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that they found a tempo without number standing on NH-31 and during course of checking 57.600 litres of countrymade liquor was recovered. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.14168 of 2018 (2) dt.13-03-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, was not present at the place of occurrence and just because he is the driver and owner of the tempo, he has been falsely implicated. He submits that he bears no criminal history, charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. District and Sessions Judge-II cum Special Judge (Excise), Kishanganj, in connection with Special Case No. 408 of 2017, arising out of Kishanganj P.S. Case No. 465 of 2017. (Nilu Agrawal, J) Rajesh/- U T