Laldas Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44169 of 2024 Arising Out of PS. Case No.-669 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== LALDAS RAY S/O NATH NARAYAN YADAV R/O VILLAGE- BARA, P.S- ARA MUFFASIL, DISTT.- BHOJPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024

1. Heard learned counsel for the petitioner, Sri Ajay Kumar Singh and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that inadvertently at Para-3 it has been pleaded that petitioner has antecedent of one case when petitioner is implicated in three more cases, as such, petitioner has antecedent of four cases. It is next submitted that allegation is of recovery of 280 liters of liquor from a Maruti vehicle.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle from which the liquor was seized. It is next submitted that he came to be implicated based on secret

Patna High Court CR. MISC. No.44169 of 2024(2) dt.21-06-2024 2/2 information which is the easiest way to implicate someone. It is also submitted that petitioner is in custody since 28.03.2024.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barhara (Krishnagarh) P.S. Case No. 669 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that the learned Trial Court before releasing the petitioner on bail shall verify his criminal antecedent and in the event if it is found that petitioner has antecedent of more than four cases, in that event the present order shall not be given effect to.

8. Accordingly, the present regular bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T