Lallan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1454 of 2020 Arising Out of PS. Case No.-535 Year-2019 Thana- MASHRAK District- Saran ====================================================== LALLAN RAI Son of Gulab Chand Rai Resident of Village - Lauha, P.S.- Issuapur, District- Saran ... ... Petitioner.

Versus

The State of Bihar Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sachida Nand Rai, Advocate.

For the State :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mashrakh P.S. Case No.535 of 2019 registered under Sections 272, 273, 467, 468, 471 and 414 of the Indian Penal Code besides Sections 30, 30(a), 36, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving the information about parking of the truck near the road, connecting from Mushrak to Chapra, loaded with illicit liquor, the informant along with other police personnel reached there, then they saw a truck, car and motorcycle there in parking condition, where some persons were also present. On seeing the police party, while all persons started to flee away but three persons were apprehended, who disclosed their name as Ravi Rai, Veera Singh and Tinku Sharma, all resident of the State

Patna High Court CR. MISC. No.1454 of 2020(2) dt.23-01-2020 2/2 of Haryana. One person was also seen in a Swift Dezire Car, who tried to flee away but was apprehended and, on query, he disclosed his name as Dilip Dubey. Three persons, who were with motorcycle, were also apprehended, who disclosed their name as Shailesh Singh, Lalan Rai (petitioner) and Angad Singh. On search of the truck, 242 cartoons, containing 1616 bottles of 180 ml., and 99 cartoons containing 2376 bottles of 375 ml., Indian Made Foreign Liquor, were recovered. On search of the Swift Dezire Car, 108 cartoons, containing 1200 bottles of 750 ml. Indian Made Foreign Liquor, were recovered.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case on mere suspicion and having no criminal antecedent is in custody since 11.12.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in connection with Masrakh P.S. Case No.535 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T