Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1848 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== LAL BABU SAH SON OF LATE SHIVJI SAH R/O VILLAGE- RAMPUR KOTHI, P.S.- BHAGWANPUR HAT, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in a case registered for the offence under Sections 30(a), 38(2), 41(1) of the Bihar Prohibition and Excise Act.

Recovery is of 172.800 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from Flour Mill. The petitioner has no concern with the alleged recovery. The petitioner is

Patna High Court CR. MISC. No.1848 of 2022(2) dt.13-05-2022 2/3 rotting in judicial custody since 08.11.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhagwanpur Hat P.S. Case No. 243 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his

Patna High Court CR. MISC. No.1848 of 2022(2) dt.13-05-2022 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T