Laldev Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5310 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- KATHAIYA District- Muzaffarpur ====================================================== LALDEV BHAGAT Son of Saryug Bhagat Resident of Village - Pich Pura, P.S.- Paru, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Satyadev Pd. Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kathaiya P.S. Case no. 98/2020 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the first information report, on information having been received a raid was conducted by the police personnel and while two accused persons were caught with 770 litres of liquor, it is stated that the other accused persons managed to escape. The accused persons who were caught took the name of the petitioner as one of the accused who had escaped. It is submitted by learned counsel for the petitioner that neither the petitioner was caught at the place of occurrence nor any incriminating article has been recovered from his possession. He has

Patna High Court CR. MISC. No.5310 of 2021(2) dt.06-04-2021 2/2 no concern with the article or with the seized liquor. He has no criminal antecedent and is in custody since 1.9.2020. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kathaiya P.S. Case no. 98/2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur.

In case at any stage it is found that the petitioner had criminal antecedent, the learned court below shall proceed to cancel the bail bond of the petitioner and take him into custody. (Partha Sarthy, J) Spd/- U T