Dinesh Sah @ Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25662 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -SISWAN District- SIWAN ======================================================

1. Dinesh Sah @ Manoj Sah, S/o Kedar Nath Sah, R/o Village- Dhorhar, PS- Manjhi, District- Chhapra, at present R/o Village- Gyashpur, PSSiswan, and District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Kant For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 & 308 of the Indian Penal Code and Section 30 (a) and 38 (i) of the Bihar Prohibition and Excise Act, 2016.

33 liters of foreign liquor is said to have been recovered from the open land located at the east of the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been

Patna High Court Cr.Misc. No.25662 of 2018 (02) dt.02-05-2018 2/2 falsely implicated in this case at the instance of his enemy. The place from where the aforesaid recovery has been made is an open land and easily accessible to anyone. He has no concern either with the seized liquor or the place of recovery. He has no criminal antecedent and has been languishing in custody since 15.02.2018. In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned A.D.J.-II, Siwan in connection with Siswan P.S. Case No.228 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T