Dilip Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26953 of 2018 Arising Out of PS. Case No.-392 Year-2017 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Dilip Chaudhari Son of Late Satya Narayan Chaudhary @ Satta Chaudhary Resident of Village - Dindayalpur, Pasi Tola, Police Station - G.B. Nagar, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with G.B. Nagar P.S. Case no. 392 of 2017 registered under Sections 272, 273, 308 of I.P.C. and Sections 30, 34, 36, 38 of Bihar Prohibition & Excise Act-2016.

3 lts. of country made liquor is said to have been recovered from the house of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with

Patna High Court Cr.Misc. No.26953 of 2018(2) dt.03-05-2018 2/2 the seized liquor. The house from where the aforesaid liquor is said to have been recovered, is inhabited by several other family members of the petitioner and he had no knwoledge of keeping of the aforesaid liquor in the house. He has been falsely implicated in the case due to dirty village politics. Though, five more cases under Excise Act have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 19.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with G.B. Nagar P.S. Case no. 392 of 2017.

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