Lalan Kumar @ Lalan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18019 of 2024 Arising Out of PS. Case No.-166 Year-2014 Thana- DIDARGANJ District- Patna ====================================================== Lalan Kumar @ Lalan Paswan S/o- Sri Ram Pyare Paswan R/oGulmahiyachak, Sabalpur, Ps- Didarganj Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 270, 272, 290, 467 and 468 of the I.P.C. and Section 47(A) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 39 litres of liquor from a place near a kiosk and 40 litres of liquor from an orchard.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the alleged recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.18019 of 2024(2) dt.19-03-2024 2/2 and he came to be implicated based on confessional statement of Sunil Kumar in police custody, which does not have any evidentiary value.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna in connection with Didarganj P. S. Case No.166 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T