Lalu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27214 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- SIKARHATTA District- Bhojpur ====================================================== Lalu Kumar Singh @ Lallu Kumar Singh, Son Of Nauvlakh Singh R/VMalthar, P.S- Sikarhatta, Dist- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 90 litre of liquor from a motorcycle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is not the owner of the motorcycle and he came to be implicated based on disclosure made by the local Chaukidar, when admittedly, petitioner is a person with clean antecedent.

Patna High Court CR. MISC. No.27214 of 2023(2) dt.16-05-2023 2/2 As such, it appears that Chaukidar in order to save the real culprit falsely implicated the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Bhojpur at Ara in connection with Sikarhatta P. S. Case No.158 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T