Lalo Kumar @ Lalo Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37905 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Lalo Kumar @ Lalo Kumar, Paswan Son of Uttam Paswan, R/O Village Hansopur Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Warisnagar P.S. Case No. 39 of 2023 dated 03.02.2023 registered for the offences punishable u/ss 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act and u/ss 419, 420, 467, 468 read with Section 34 of the Indian Penal Code.

As per the prosecution case, total 1811 empty bottles of 375 ml of foreign liquor was recovered from the Maruti car. It is further alleged that the petitioner is indulged in trade and business of illicit liquor.

Patna High Court CR. MISC. No.37905 of 2023(2) dt.28-06-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged recovery of liquor. He has further submitted that the co-accused persons have already been granted bail by this court vide order dated 25.05.2023 passed in Cr. Misc. No. 34740 of 2023. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Samastipur in connection with Warisnagar P.S. Case No. 39 of 2023.

The application stands allowed.

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