Lakshmeshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52425 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== LAKSHMESHWAR SAH SON OF VILATU SAH R/O WARD NO.-03, NEAR SCHOOL UNION TOLE, JAINAGAR, P.S.- JAINAGAR, DIST.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhairavsthan P.S. Case No. 92 of 2021 registered under Section 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The alleged recovery has been made from the commercial vehicle. Petitioner has no concern with the alleged recovery of incriminating articles. There is no statement of the driver that who is engaged in trafficking of illicit liquor. Further he submits that nothing has been recovered

Patna High Court CR. MISC. No.52425 of 2021(2) dt.08-04-2022 2/2 from the conscious possession of this petitioner. Petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Bhairavsthan P.S. Case No. 92 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C. shailendra/- (Arvind Srivastava, J) U T