Patna High CourtCR. MISC./54639/2019bail granted

Md. Lal Babu v. The State Of Bihar

2019-09-30Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54639 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- RAHIKA District- Madhubani ====================================================== MD. LAL BABU S/o Late Md. Islam R/o Village- Tulsipatti, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 30(a) of Bihar Excise Act, 2018 and sections 272,273 of the IPC.

Allegation is of recovery of 495 litres country made liquor originating from Nepal from Mahendra Jeep of the petitioner.

It is submitted by counsel for the petitioner that since jeep in question was plied by his driver he has no knowledge about the contents thereon. It is submitted that carrying of such prohibited article with petitioner's consent on the vehicle registered in his own name is highly improbable. Petitioner has no criminal antecedent and it is clear

Patna High Court CR. MISC. No.54639 of 2019(3) dt.30-09-2019 2/2 case of false implication. Petitioner is in custody since 01.07.2019.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cumSpecial Judge, Excise Madhubani in Rahika P.S. Case no. 26/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T