Patna High CourtCR. MISC./45984/2023bail granted

Laxman @ Lakshman Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45984 of 2023 Arising Out of PS. Case No.-330 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== LAXMAN @ LAKSHMAN KUMAR son of Nathu Singh Village- Chand Sarae Sahdullah Chauk Ps- Mahua Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Simri P.S. Case No. 330 of 2021 registered for the offence under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and under Sections 30a, 32(2)(3), 36 and 41(i) of Bihar Prohibition and Excise Act.

4. As per the prosecution case 2610.72 liters of illicit liquor was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of confessional statement of co-accused.

Patna High Court CR. MISC. No.45984 of 2023(2) dt.04-08-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 22.03.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail by contending that during investigation, materials have come against the petitioner to connect him with the alleged crime and the petitioners has two antecedents registered against the Excise Act.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 02, Darbhanga in connection with Simri P.S. Case No. 330 of 2021.

10. Subject to a condition of this order, the bail bond of the petitioner shall be accepted only after he brings a receipt of Rs. 25,000/- deposited in favour of Ram Krishna Mission Sevashrama, Muzaffarpur.

(Sandeep Kumar, J) Vikas/- U T