Jay Prakash @ Lalo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22633 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- Lakho District- Begusarai ====================================================== Jay Prakash @ Lalo Son of Krishanandan Singh Resident of village - Iniyar, P.S.- Lakho, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Lakho P.S. Case No. 123/2024 registered on 03.09.2024 for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, a total recovery of 128.25 liters of country-made liquor is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the petitioner's name has surfaced in this case solely on the basis of a confessional statement made by a co-
Patna High Court CR. MISC. No.22633 of 2025(2) dt.01-05-2025 2/2 accused who has been apprehended. Learned counsel further submits that the antecedent of the petitioner is not clean, as he is an accused in one other criminal case; however, that case does not pertain to the Excise Act.
5. Learned APP for the State opposes the prayer for bail and submits that the petitioner is indeed an accused in another criminal case, although that case is not under the provisions of the Excise Act.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-I, Begusarai, in connection with Lakho P.S. Case No. 123/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T