Lalan Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14814 of 2023 Arising Out of PS. Case No.-141 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== LALAN RAJBANSHI Son of Binod Rajbanshi @ Vijay Rajbanshi R/VJobkala, PS- Rajauli in the district of Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 300 liters of illegal country-made liquor, Aluminum utensils and Brewing machine from the forest.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Only on the basis of confessional statement of Choukidar, the name of the petitioner has come into light, which

Patna High Court CR. MISC. No.14814 of 2023(2) dt.28-04-2023 2/2 has got no evidentiary value in the eyes of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 30.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, Nawada in connection with Rajaoli P.S. Case No. 141 of 2021.

(Sunil Kumar Panwar, J) arish/- U T