Patna High CourtCR. MISC./10489/2024bail granted

Lalit Kumar Sahni v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10489 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- BAUNSI District- Banka ====================================================== Lalit Kumar Sahni, S/o Arjun Sahni, R/o Vill. - Chandaur, P.S. - Bhagwanpur, Dist. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Baunsi P.S. Case No. 330 of 2023, instituted for the offences punishable under Section 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 250.5 liters liquor was recovered from Tata 407 mini truck and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. No incriminating article has been recovered from the possession of

Patna High Court CR. MISC. No.10489 of 2024(2) dt.21-02-2024 2/2 the petitioner. Petitioner is the driver of the said mini truck and not the owner. The petitioner is in custody since 18.11.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baunsi P.S. Case No. 330 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T