Lalu Kumar @ Lalu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33032 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1.

Lalu Kumar @ Lalu Mahato Son Of Sachita Mahato R/O VillageChitrasenpur, Ward No 07, P.S.- Sonepur, DIST- SARAN 2.

Sachita Mahto S/O Late Shivpujan Mahto R/O Village- Chitrasenpur, Ward No 07, P.S.- Sonepur, dist- saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sonepur PS Case No. 224 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 450 liters liquor was recovered from near the 'Hansa Bandh'. 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.33032 of 2024(2) dt.02-05-2024 2/2 submitted that recovery is from an open place, which is accessible to one and all. The petitioners are in custody since 17-03-2024 and have got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonepur PS Case No. 224 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T