Lalu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16949 of 2021 Arising Out of PS. Case No.-468 Year-2020 Thana- MANER District- Patna ====================================================== LALU RAI Son of Mallu Ray Resident of Village- Khaspur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in connection with a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R, about 394 litres of liquor was recovered from a truck and the driver Harishankar and one Lakhbir Singh were taken into custody. It is stated that the accused persons disclosed that Haricharan and the petitioner had called them with the liquor.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his possession. The only material against him is the

Patna High Court CR. MISC. No.16949 of 2021(2) dt.13-08-2021 2/2 confessional statement of a co-accused made before police. He is in custody since 4.12.2020.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Maner P.S. Case no. 468 of 2020 (arising out of Special Case no. 5069 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Prakash/- U