Patna High CourtCR. MISC./16619/2022bail granted

Lalbabu Rai v. The State Of Bihar

2022-05-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16619 of 2022 Arising Out of PS. Case No.-167 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Lalbabu Rai Son Of Mahavir Rai R/O Village- Samartha Bibhutipur, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Kanhaiya Kihsore(App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Bibhutipur P.S. Case No. 167 of 2020, registered for the offence punishable punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 5418 litres of foreign liquor has been recovered from two vehicles. Petitioner is alleged to be intended purchaser of the consignment.

It is submitted that no recovery has been made from conscious possession of this petitioner and he has been made accused on the basis of confessional statement of co-accused Kamlesh Kumar Mahto. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 27.09.2021 having

Patna High Court CR. MISC. No.16619 of 2022(2) dt.20-05-2022 2/2 no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-1, Samastipur in connection with Bibhutipur P.S. Case No. 167 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T