Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47835 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Dilip Mahto, S/o. Ram Dayal Mahto, R/o. Village- Paroriya, P.S.- Warisnagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 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 Section 273 of the Indian Penal Code and Sections 38, 41 and 30 (a) of the Bihar Prohibition and Excise Act, 2016.

97.200 liters of foreign liquor is said to have been recovered from the Maruti Car and two accused persons namely, Ritik Raushan and Ranjan Kumar were apprehended from the said vehicle and other accused managed to escape. The apprehended accused disclosed the name of the petitioner as their one of the fleeing accomplices.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.47835 of 2018 (2) dt.06-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or the vehicle in question. He has been falsely implicated in this case by the apprehended accused due to animosity. Barring the aforesaid disclosure made by the apprehended accused persons, there is nothing on record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 07.06.2018. Apprehended accused persons, namely, Ritik Raushan and Rajan Kumar have been enlarged on bail by a co-ordinate bench of this Court in Cr. Misc. No. 33657 of 2018 vide order dated 05.06.2018.

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 Additional Sessions Judge 6th -cum-Special Judge Excise Act, Samastipur in connection with Warisnagar P.S. Case No. 95 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T