Patna High CourtCR. MISC./23826/2025bail granted

Lakhan Das v. The State Of Bihar

2025-04-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23826 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- Excise P.S. District- Banka ====================================================== Lakhan Das S/O Late Chhotan Das R/O Village- Rajoun, P.S- Rajoun, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Banka Excise P.S. Case No. 84 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 45 litres of liquor has been recovered from Mandarhil Railway Station.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the Railway Station which is an open place easily

Patna High Court CR. MISC. No.23826 of 2025(2) dt.17-04-2025 2/2 accessible to local people. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 16.02.2025 and has five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banka Excise P.S. Case No. 84 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T