Patna High CourtCR. MISC./48203/2018bail granted

Dilkeshwar Das v. The State Of Bihar

2018-08-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48203 of 2018 Arising Out of PS.Case No. -117 Year- 2018 Thana -GURUA District- GAYA ======================================================

1. Dilkeshwar Das, Son of Dukhan Ravidas, Resident of Village-Basant Blar, P.S. Kasama, District-Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mrs. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (d) of the Bihar Prohibition and Excise Act, 2016. 50 kgs. of Mahua flower is said to have been recovered from the motorcycle of the petitioner and petitioner 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 with the seized article. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place

Patna High Court Cr.Misc. No.48203 of 2018 (02) dt.07-08-2018 - 2 - of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid article there. He has no criminal antecedent and has been languishing in custody since 03.07.2018.

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 Act, Gaya in connection with Gurua P.S. Case No. 117 of 2018.

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