Patna High CourtCR. MISC./32963/2024bail granted

Lalan Kumar v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32963 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Lalan Kumar son of Sri Baijnath Singh @ Viadyanath Prasad Singh Resident of Village- Rasalpur Paithan, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahasweta Chatterjee, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 97 of 2024 dated 10.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and section 25 (1-b)/26 of the Arms Act.

3. As per the prosecution case, total 3.750 litres of illicit foreign liquor, one country made sixer and two mobile phones were recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.32963 of 2024(2) dt.01-05-2024 2/2 recovery. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the said recovery was made from the conscious possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Muffasil P.S. Case No. 97 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T