Patna High CourtCR. MISC./25991/2019bail granted

Mehi Lal v. The State Of Bihar

2019-05-03Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25991 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- KANKARBAG District- Patna ====================================================== MEHI LAL, aged about 65 years, Male, S/o Late Ram Baran Sahni Resident of Behind the Ishan School, Malahi Pakari, P.S.- Kankarbagh, District- Patna ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Nawal Kishore Prasad, Adv.

For the Opposite Party :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Special Case No. 2506 of 2019 arising out of Kankarbagh P.S. Case No. 259 of 2019 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during raid the petitioner was apprehended with 12.400 liters of country made liquor. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is an old man of 65 years of age, is languishing in judicial custody since 09.03.2019 and has been sufficiently punished.

Patna High Court CR. MISC. No.25991 of 2019(2) dt.03-05-2019 2/2 However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 2506 of 2019 arising out of Kankarbagh P.S. Case No. 259 of 2019 to the satisfaction of the learned Special Judge, Excise, Patna, or the successor Court.

(Nilu Agrawal, J) Shamshad/- U T