Laltoon Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16390 of 2025 Arising Out of PS. Case No.-752 Year-2024 Thana- HILSA District- Nalanda ====================================================== 1.

Laltoon Kumar Son of Jai Ram mahto Resident of Village Lalpur, PSRosra, District- Samastipur 2.

Deepak Kumar Son of Radhey Shyam Mahto Resident of Village Lalpur, PS- Rosra, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhoy Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Hilsa PS Case No. 752 of 2024 instituted for the offences under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 720 litres of foreign liquor was recovered from Pick-up vehicle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.16390 of 2025(2) dt.20-03-2025 2/2 submitted that petitioner no. 1 is the driver and petitioner no. 2 is the cleaner of the seized vehicle and they have no knowledge regarding the nature of goods booked by the transporter. The petitioners are in custody since 04.12.2024 and have got no any criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hilsa PS Case No. 752 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T