Lulan Singh @ Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40461 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Lulan Singh @ Lalan Singh Son of Late Laxman Singh @ Late Ram Lakshan Singh Resident of at Village - Mehpur Singhara, P.S. - Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 1023.39 liters of English wine

Patna High Court CR. MISC. No.40461 of 2021(2) dt.07-01-2022 2/3 is said to have been recovered from the premises of the middle school. He submits that petitioner has been made accused on the statement of local Choukidar. He further submits that petitioner has one criminal antecedent of similar nature as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 75,000.00 (Rupees Seventy Five Thousand) in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna, bearing Saving Account No. 35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahua P.S. Case No. 20 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further conditions:

(I) that one of the bailors will be a close relative of the

Patna High Court CR. MISC. No.40461 of 2021(2) dt.07-01-2022 3/3 petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner. (II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar Kishore Nyay Nidhi, Patna. (Anjani Kumar Sharan, J) devendra/- U T