Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24170 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dipak Kumar, Son of Rajendra Chaudhary @ Rajendra Mahto, resident of Village- Jhadwa, P.S.- Harisidhi, Dist.- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kundan Rathore For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

20 litres of country made liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended.

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 no concern with the seized liquor. The house of the petitioner is inhabited by

Patna High Court Cr.Misc. No.24170 of 2018 (2) dt.01-05-2018 2/2 several family members and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 16.02.2018. Considering the facts aforesaid, 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 Addl. Sessions Judge 4th cum Special Judge, Excise, East Champaran, Motihari in connection with Harisidhi P.S. Case No. 42 of 2018 (Trial No. 305/2018).

(Prakash Chandra Jaiswal, J) Mishra/- U T