Patna High Court/2168/2023bail granted

Lalmuni Bhagat @ Lalmuni Kumar v. The State Of Bihar

2023-04-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2168 of 2023 Arising Out of PS. Case No.-24 Year-2021 Thana- PIPRIYA District- Lakhisarai ====================================================== Lalmuni Bhagat @ Lalmuni Kumar, Son Of Bahadur Bhagat, R/O VillageBasauna, P.S.- Piparia, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Pipariya P.S. Case No. 24 of 2021 dated 23.02.2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the alleged wine, which is stated to be 15 litres of country made mahua wine, was recovered from the house of one namely, Champa Devi and she disclosed the name of this petitioner to be involved in smuggling and keeping the said alleged wine but petitioner was not arrested at the spot and he has been languishing in jail since 03.08.2022, though against him there are criminal

Patna High Court CR. MISC. No.2168 of 2023(2) dt.26-04-2023 2/2 antecedents of five cases but out of the said cases, three cases were lodged under the offences of Indian Penal Code and the petitioner is on bail in all the said cases.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the alleged wine was recovered from the house of one namely, Champa Devi who disclosed the name of this petitioner and the petitioner was not apprehended at the spot and petitioner is stated to be a neighbour of the said Champa Devi, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Pipariya P.S. Case No. 24 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T