Lalit Kumar @ Lalit Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 25038 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== Lalit Kumar @ Lalit Rajak S/o- Ganesh Rajak Village- Chamttha Barkhunt PS- Bachwara Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Bachwara P.S.Case No.71 of 2025, registered for the offences punishable under Sections 30(a) of Bihar Prohibition & Excise Act.
3. As per the allegation made in the FIR, total 164 ltrs. of foreign liquor was recovered from the house of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he was not present at the time of alleged seizure of the liquor. The said seizure list has not been prepared as per the provisions of law and in absence of any independent witness, the said seizure list loses its credibility.
Patna High Court CR. MISC. No. 25038 of 2025(2) dt.05-05-2025 2/2
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the petitioner, as well as, considering the fact that the petitioner was not present at the time of alleged seizure of the liquor, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise 1st, Begusarai/concerned court in connection with Bachwara P.S.Case No.71 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) chn/- U T