IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1959 of 2011
DEWAL SAHANI
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.3145 of 2011
DINESH BHAGAT
Versus
THE STATE OF BIHAR
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02/ 03.03.2011 Both the above stated petitions have arisen out of Pakridayal
P.S. Case no. 93/2010 registered under sections 272, 273 of the IPC
and section 47A of the Excise Act and accordingly, both the above
stated petitions have been disposed of by this common order.
Heard learned counsel for the petitioners as well as learned
P.P. for the State.
Allegedly, petitioner in Cr. Misc.no.3145/2011 was caught
by the police official while he was carrying 1000 liter sprit on his Tata
Magic vehicle and in course of interrogation, he disclosed this fact
that he had to deliver seized sprit to petitioner in Cr. Misc. no.
1959/2011 and some other co-accused persons.
The contention of the learned counsel for petitioner in Cr.
Misc. no. 1959/2011 is that name of the petitioner came in the
confessional statement of co-accused Dinesh Bhagat who happens to
be petitioner in Cr. Misc.no.3145/2011 and nothing has been
recovered from conscious possession of petitioner in Cr. Misc.
no.1959/2011.
Learned counsel appearing for the petitioner in Cr. Misc. no.
3145/2011 submits that, admittedly, petitioner was only driver of the
aforesaid vehicle and he has been languishing in jail custody since
-2-
long.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, petitioners (Dewal
Sahani and Dinesh Bhagat) are directed to be released on bail in
connection with Pakridayal P.S. Case no. 93 of 2010 on furnishing
bail bond of Rs 10,000/- each with two sureties of the like amount
each to the satisfaction of Sub divisional Judicial Magistrate,
Sikrahana at Motihari.
shahid (Hemant Kumar Srivastava,J)