Lal Babu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11723 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- MADHWAPUR District- Madhubani ====================================================== 1.

Lal Babu Ray S/O Sukindra Ray R/O Village- Muraliya, P.S.- Choraut, District- Sitamarhi.

2.

Pankaj Nayak @ Pankaj Kumar Nayak S/O Bhogi Nayak @ Jogi Nayak R/O Village- Chandrasena, P.S- Choraut, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagan Deo Yadav Mr. Vinod Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Madhwapur P.S. Case No. 148 of 2024 dated 20.12.2024 registered for the offences punishable u/ss 274, 275 read with Section 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 180 litres of illicit Nepali country-made liquor was recovered from sacks in the possession of the petitioners.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.11723 of 2025(2) dt.22-03-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no.1 has one criminal antecedent and the petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 20.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Madhwapur P.S. Case No. 148 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T