Lal Bahadur Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7274 of 2022 Arising Out of PS. Case No.-327 Year-2021 Thana- RAJAON District- Banka ====================================================== LAL BAHADUR SAH Son of Budhan Sah Resident of Village - Trimuhan Ghat, P.S. - Sohar Ghat, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Tiwary For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

This is an application for regular bail on behalf of the petitioner for the offences alleged under sections 30(a)/32(2) of Bihar Prohibition and Excise Act, 2016.

As per allegation, 1286.850 liters of illicit foreign liquor was recovered from a truck driven by the petitioner. Learned counsel for the petitioner has submitted that the truck driven by him was loaded with stone chips and the petitioner was not aware about illicit foreign liquor present in the truck. He submitted further that the petitioner is a person of clean antecedents

Patna High Court CR. MISC. No.7274 of 2022(2) dt.26-05-2022 2/2 and he is in custody since 01.09.2021.

Considering the clean antecedents and the period of custody of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II, Banka in connection with Rajoun P.S. Case no. 327 of 2021, subject to the following conditions:- 1.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. 2.

At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) s.hassan/- U T