Lal Saheb Ray @ Lal Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49615 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Lal Saheb Ray @ Lal Saheb S/o Lal Babu Ray Resident of Village- Maner Tata Colony, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 288 of 2022 lodged under Sections 30(a), 32(i) (ii), 36, 38, 41 of Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, the total recovery of 2607 litre of foreign wine is the subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the said recovery has been made from a truck and not kept in a normal condition rather it was kept below the steel sheet.

Patna High Court CR. MISC. No.49615 of 2022(2) dt.18-11-2022 2/2 Learned counsel submits that petitioner is the Khalasi of the truck and is completely unaware as when the police reached, the driver and truck owner fled away but Khalasi is very innocently standing there due to this reason, the police has apprehended him. Learned counsel further submits that petitioner's antecedent is clean and he is in custody since 16.06.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1st, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 288 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T