Patna High CourtCR. MISC./16961/2024bail granted

Lakshaman Sah v. The State Of Bihar

2024-04-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16961 of 2024 Arising Out of PS. Case No.-196 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== LAKSHAMAN SAH SON OF MADAN SAH R/O-BAJITPUR MEYARI, P.S.-SARAIRANJAN, DISTT.-SAMSTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarai Ranjan P.S. Case No. 196 of 2021 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1494.78 litres of liquor was recovered from a mango orchard.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case on the basis of disclosure made by local chowkidar. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the mango

Patna High Court CR. MISC. No.16961 of 2024(3) dt.03-04-2024 2/2 orchard of one Arjun Singh. The petitioner has got no concern with the alleged recovery of liquor. Charge-sheet has been submitted in this case. Similarly situated co-accused person has already been granted bail by this Court vide order dated 19.02.2024 passed in Cr. Misc. No. 9315 of 2024. The petitioner is in custody since 27.01.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case, claim based on parity, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on 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 Sarai Ranjan P.S. Case No. 196 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T