Patna High CourtCR. MISC./36004/2024bail granted

Lal Das Rai v. The State Of Bihar

2024-05-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36004 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Lal Das Rai S/O Nath Narayan Rai R/O Village- Bara (BASANTPUR), P.SAra Muffasil, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shweta For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 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 Krishnagarh P.S. Case No. 05 of 2024 dated 06.03.2024 registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 200 litres of illicit country made liquor kept in two sacks was recovered from the motorcycle and two sacks kept near the motorcycle was recovered. The petitioner was apprehended near the motorcycle with sacks.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.36004 of 2024(2) dt.13-05-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the seized motorcycle and he has no concern with the alleged recovery. The petitioner has six criminal antecedents and in five cases he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 06.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition 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, Bhojpur, Ara in connection with Krishnagarh P.S. Case No. 05 of 2024, with a condition:

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of

Patna High Court CR. MISC. No.36004 of 2024(2) dt.13-05-2024 3/3 the petitioner is liable to be cancelled.

7. The application stands allowed.

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