Dilip Kumar Sah @ Dilip Kumar Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64086 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Dilip Kumar Sah @ Dilip Kumar Gond Son of Ranglal Sah @ Ranglal Gond Resident of Village- Korara, P.S. - Mairwa, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Altogether 1.000 litre of foreign liquor has been recovered from the motorcycle of the petitioner. One coaccused person was apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against
Patna High Court CR. MISC. No.64086 of 2024(2) dt.01-10-2024 2/3 the petitioner is not specific rather general and omnibus in nature. He was not named in the FIR. Later on, during investigation, the name of the petitioner has been transpired in the present case being bonafide owner of the seized motorcycle. The real fact is that the apprehended co-accused, namely, Bhola Prasad Gond, a relative of the petitioner had taken his motorcycle in good faith with a false reason of medical emergency. It is further submitted that the petitioner was not present at the place of occurrence as he lives abroad, which is also reflected from the Visa as well as Air Ticket enclosed in the bail application at Annexure-P/2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail
Patna High Court CR. MISC. No.64086 of 2024(2) dt.01-10-2024 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Excise P.S. Sadar Siwan P.S. Case No. 241 of 2024, subject to the condition as laid down under Section 438
(2) of the Cr.P.C, subject to the further conditions that
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T