Lalan Singh @ Lalan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54280 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Lalan Singh @ Lalan Prasad Singh Son of Late Chandradeo Singh R/VVillage-Sadanandpur, P.S. - Balia, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Balia P.S. Case No. 79 of 2024 instituted for the offences under Sections 30(a)/32/41(i)(ii) of the Bihar Prohibition & Excise Amendment Act.

3. As per prosecution case, the police has recovered 1352.160 liters of illegal liquor from three vehicles as detailed in the F.I.R. It is alleged that the apprehended person namely Ranjit Prasad disclosed the name of the petitioner to be involved in the business of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.54280 of 2024(2) dt.02-08-2024 2/3 against him and has falsely been implicated in the present case. The petitioner was not apprehended on the spot and, thus, nothing incriminating has been recovered from his conscious possession. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the apprehended coaccused Ranjit Prasad. The petitioner has no concern with the recovered liquor or the seized vehicles. The petitioiner is neither the owner nor the driver of the aforesaid three vehicles, in question. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent.

5. Learned counsel for the petitioner again submits that the co-accused namely Manish Kumar @ Manish Singh has been granted anticipatory bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 37668 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be

Patna High Court CR. MISC. No.54280 of 2024(2) dt.02-08-2024 3/3 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Balia P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T