Ram Dayal Sahni @ Ram Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35614 of 2018 Arising Out of PS.Case No. -150 Year- 2018 Thana -MALSALAMI District- PATNA ======================================================

1. Ram Dayal Sahni @ Ram Dayal Singh, Son of Ramiqbal Singh, resident of Village- Raghopur, P.S.- Judawanpur, District- Vaishali, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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 read with Section 34 of the Indian Penal Code and Sections 30 (a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

111 liters of country made liquor is said to have been recovered from the tempo and the petitioner was apprehended escaping from the said tempo.

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 either with the seized liquor or the vehicle in question. He has been

Patna High Court Cr.Misc. No.35614 of 2018 (02) dt.28-06-2018 - 2 - falsely implicated in this case by the police merely on suspicion while the real culprit managed to escape leaving the liquor laden on tempo there. He has no criminal antecedent and has been languishing in custody since 27.04.2018.

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 Special Judge Excise, Patna in connection with Special Case No.3957 of 2018 arising out of Malsalami P.S. Case No. 150 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T