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Patna High CourtCR. MISC./16734/2021allowed

Lalan Singh v. The State Of Bihar

2021-06-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16734 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== LALAN SINGH Son of Late Ram Baran Singh Resident of VillageLakshminiya, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

152.280 liters of foreign liquor is said to have been recovered from bamboo orchard.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.16734 of 2021(2) dt.30-06-2021 2/3 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. There is specific allegation against Mantu Singh and the petitioner is the father of Mantu Singh. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Three criminal cases are pending against the petitioner and two are of similar nature, as mentioned in paragraph-3 of this bail petition. Petitioner has been languishing in custody since 13.10.2020. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Baruraj P.S. Case No. 108 of 2020, subject to the following conditions:

Patna High Court CR. MISC. No.16734 of 2021(2) dt.30-06-2021 3/3

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T