Ashwin Lakra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25469 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== ASHWIN LAKRA Son of Sevastiyan Lakra Resident of Village - Dashmail Chauk, New Kunjari, P.S.- Dhruba, Distt.- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with G.O. Case No.326/2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 30.12.2020. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story the informant during the course of vehicle checking at Rajaouli check post intercepted a vehicle bearing

Patna High Court CR. MISC. No.25469 of 2021(2) dt.27-09-2021 2/3 Reg.No.BR01BS-1128 and on search recovered 232.500 liters of illicit liquor from the said vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that this petitioner was a mere passenger in the vehicle. He is neither owner nor driver of the said vehicle.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that this petitioner was a mere passenger in the vehicle, he is neither owner nor driver of the said vehicle, has got no criminal antecedent and in connection with this case he is in custody since 30.12.2020 and investigation against him is complete, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with G.O. P.S. Case No.326/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.25469 of 2021(2) dt.27-09-2021 3/3 And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.