Patna High CourtCR. MISC./8235/2024bail granted

Lal Babu Rai v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8235 of 2024 Arising Out of PS. Case No.-416 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Lal Babu Rai, Son of Bunnilal Ray R/O-Faizullahpur, P.S.-Baikunthpur, Distt.-Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 20 litres of liquor from three containers as detailed in the F.I.R.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the disclosure made by the Chaukidar and Raju Kumar Paswan. It is further submitted that he came to be

Patna High Court CR. MISC. No.8235 of 2024(2) dt.26-02-2024 2/2 implicated at the instance of Chaukidar with whom he is on an inimical term and it appears that the Chaukidar in order to save the real culprit, falsely implicated the petitioner, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII-cum-Exclusive Special Excise Court No.1, Gopalganj in connection with Baikunthpur P. S. Case No.416 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T