Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34322 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== LAL BABU SINGH Son of Jaiprakash Singh Resident of Village - Mohanpur, P.s.- Dandari, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Bakhari P.S. Case No. 11 of 2021 for the offences punishable under Section 37(c) of the Bihar Prohibition and Excise Act, 2016 read with section 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one country made pistol from the petitioner while he was arrested by the plice and found in a drunken condition.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 14.01.2021.

Patna High Court CR. MISC. No.34322 of 2021(2) dt.13-12-2021 2/2 Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Begusarai in connection with Bakhari P.S. Case No. 11 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T