Lalbabu @ Lalbabu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9146 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Lalbabu @ Lalbabu Singh S/O Shankar Mahto @ Shankar Singh Resident of village- Malpur, P.S.- Dalsingsarai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 310 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 2142.720 litres of liquor was recovered from Pick-up van.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been
Patna High Court CR. MISC. No.9146 of 2025(2) dt.07-02-2025 2/3 recovered from the possession of the petitioner. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that apprehended co-accused person disclosed the name of the petitioner. The petitioner has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused have been granted regular bail passed by this Court vide orders dated 17.12.2024, 18.12.2024, 20.12.2024 in Cr. Misc. Nos. 85999 of 2024, 86645 of 2024 and 87294 of 2024 respectively.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor
Patna High Court CR. MISC. No.9146 of 2025(2) dt.07-02-2025 3/3 court in connection with Bibhutipur P.S. Case No. 310 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T