Lakhan Kumar @ Lakhan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40602 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1.

LAKHAN KUMAR @ LAKHAN MANDAL Son of Parmeshwar Mandal Resident of Village- Rajandipur, P.S.- Sabour, District- Bhagalpur. 2.

Mithun Kumar Son of Police Mandal Resident of Village- Rajandipur, P.S.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Sabour PS case no. 10 of 2021 instituted for the offences punishable under Sections 413, 414/34 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of illicit liquor from a motorcycle belonging to the co-accused persons and as far as the petitioners are concerned, stolen motorcycle is alleged to have been recovered from their house. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely

Patna High Court CR. MISC. No.40602 of 2021(2) dt.14-12-2021 2/2 implicated in the present case and are languishing in custody since 07.01.2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of bail. Accordingly, the abovenamed petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of Additional District & Sessions Judge IInd-cumSpecial Judge, Excise Act, Bhagalpur in connection with Sabour PS case no. 10 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T