Patna High CourtCR. MISC./44925/2018bail granted

Arkesh Giri v. The State Of Bihar

2018-07-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44925 of 2018 Arising Out of PS.Case No. -219 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arkesh Giri S/o Gopal Giri, R/o Vill.- Vijvani, P.S. Jitna (Ghorashhan), District- E. Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate. Mr. Shailendra Kumar, Advocate.

For the Opposite Party/s : Mr. Indra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 and 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

27 litres of Nepali liquor is said to have been recovered from the dickey of the motorcycle and the petitioner sitting on the said motorcycle 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

Patna High Court Cr.Misc. No.44925 of 2018 (2) dt.25-07-2018 2/2 either with the seized liquor or with the motorcycle in question. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape leaving the aforesaid liquor laden motorcycle there seeing the police party. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 07.06.2018.

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 Special Judge, Excise, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 219 of 2018.

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