Patna High CourtCR. MISC./14298/2020bail granted

Lal Babu v. The State Of Bihar

2020-05-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14298 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Lal Babu, Son of Late Mungi Singh, Resident of Village-Bihta, P.S-Haspura, District-Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mrityunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-05-2020 Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioner and Mr. Mrityunjay Kumar Gautam, learned counsel for the State via video conferencing. The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Excise Case No. 18 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation of the recovery of 98.28 liters of liquor from the possession of the petitioner, who has got no criminal antecedent. He is in custody since 04.01.2020. It is further contended that the arrest of the petitioner by the Sub Inspector of the Excise Department is a

Patna High Court CR. MISC. No.14298 of 2020(2) dt.13-05-2020 2/2 glaring example of executive arbitrariness and administrative high-handedness.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. Considering the nature of the offence, the period undergone by the petitioner in custody and the statement made in paragraph-3 that he has got no criminal antecedent, he is directed to be released on bail on furnishing bail bond of Rs.5000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VIIcum-Special Judge, Excise, Aurangabad in connection with Excise Case No. 18 of 2020.

(Ashwani Kumar Singh, J.) Sanjeet/- U T