Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53943 of 2018 Arising Out of PS.Case No. -74 Year- 2014 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Dinesh Kumar, S/o. Barameshwar Singh Yadav, R/o. Village- Chousa (Domderwa), P.S. Buxar (M), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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 290 and 291 of the Indian Penal Code and Section 47(A) of the Bihar Prohibition and Excise Act, 2016.

57 litres of foreign liquor is said to have been recovered from the gumti of the petitioner and petitioner was apprehended while jumped down from the roof of his house in a bid to escape.

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 any trade of liquor. Though he was

Patna High Court Cr.Misc. No.53943 of 2018 (2) dt.31-08-2018 2/2 apprehended by the police at the place of recovery on 28.03.2014 and send to hospital for treatment but he was not remanded in the case and petitioner has surrendered before the Court on 21.07.2018 and has been languishing in custody since then. He has no criminal antecedent. There is violation of Section 100 Cr.P.C. Considering the facts aforesaid, 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 A.D.J.- II cum Special Judge, Excise Act, Buxar in connection with Buxar (M) P.S. Case No. 74 of 2014.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T