Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76392 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- BARIYARPUR District- Munger ====================================================== DILIP KUMAR Son of Late Luri Mandal Resident of Village-Babupur Kaliasthan, P.S-Sabaur, District-Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2019 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

170 litres of Jharkhand made country made liquor is said to have been recovered from the tempo of the petitioner and the petitioner who happens to be owner-cum-driver of the tempo 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 liquor. As a matter of fact, some

Patna High Court CR. MISC. No.76392 of 2019(2) dt.12-12-2019 2/2 altercation took place between the petitioner and the police personnel on demand of original document of the vehicle by the police and on assurance to furnish the same taking it from the house by the petitioner during course of checking of vehicle, due to the aforesaid reason, the petitioner has been falsely implicated in the case by the informant by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 18.10.2019.

Learned APP for the State opposed the bail petition.

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 Additional Sessions Judge-III-cum-Special Judge, Excise, Munger in connection with Bariyarpur P.S. Case No.149 of 2019. (Prakash Chandra Jaiswal, J) amit/- U T