Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49085 of 2018 Arising Out of PS.Case No. -251 Year- 2018 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Lalan Singh Son of late Baleshwar Singh Resident of Village- Mathian, P.S. Bikramganj, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

75 litres of foreign liquor is said to have been recovered from the room located towards east of the pond of the petitioner and the petitioner was apprehended while two other accused persons managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.49085 of 2018 (2) dt.10-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He has been falsely implicated in the case at the instance of his enemies. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 01.07.2018. Considering the facts aforesaid, the above named petitioner 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 Additional District and Sessions Judge, 2nd cum Special Judge, Excise, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 251 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T