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Patna High CourtCR. MISC./30682/2018allowed

Dimpal Sah v. The State Of Bihar

2018-06-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30682 of 2018 Arising Out of PS.Case No. -223 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Dimpal Sah S/o Prabhunath Sah, R/o Vill.- Tarwara, P.S.- G.B. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with G.B. Nagar P.S. Case No. 223 of 2017, registered for offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(A), 36 and 38 of Excise Act. Allegation is of recovery of 1534.320 liters from the basement of under construction building.

It has been submitted on behalf of the petitioner that from the seizure list itself, it is apparent that recovery has been made from the basement of under construction building of one Manoj Singh and nothing has been recovered from the possession of the petitioner and he has falsely been made accused only on the basis

Patna High Court Cr.Misc. No.30682 of 2018 (2) dt.04-06-2018 2/2 of suspicion.

Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Siwan in connection with G.B. Nagar P.S. Case No. 223 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) sunil/- U T