Patna High CourtCR. MISC./14598/2024bail granted

Lakhindra Ram @ Lakhendra Ram v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14598 of 2024 Arising Out of PS. Case No.-895 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Lakhindra Ram @ Lakhendra Ram S/o- Kewal Ram Village- Nawada PSSaraiya District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar S.K., Adv.

For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saraiya P.S. Case No. 895 of 2023 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2022 (Amended).

3. As per prosecution case, the police has recovered total 1110.960 liters of illicit foreign liquor from the pick-up vehicle bearing Reg. No. BR06GF-2301 along with one mobile from the possession of the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.14598 of 2024(2) dt.04-03-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only on the basis of suspicion. The petitioner was not arrested at the spot rather was apprehended from road side. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor or the alleged vehicle. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 28.12.2023. Charge-sheet has been submitted in this case.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on

Patna High Court CR. MISC. No.14598 of 2024(2) dt.04-03-2024 3/3 bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saraiya P.S. Case No. 895 of 2023.

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