Laddu Sahu @ Laddu Sahu @ Laddu Lal Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62074 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- SINGHIYA District- Samastipur ====================================================== LADDU SAHU @ LADDU SAHU @ LADDU LAL SAHU Son of Ram Vilash Sahu @ Ram Bilash Sahu Resident of Village- Hanuman Nagar Ward No.10, Police Station- Biraul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Singhiya PS case no. 92 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 2100 liters of illicit foreign liquor from the house of the co-accused person namely Ram Balak Sahu and the petitioner is stated to be the brother-in-law of the said Ram Balak Sahu.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 17.06.2021. The learned counsel for

Patna High Court CR. MISC. No.62074 of 2021(2) dt.31-03-2022 2/3 the petitioner has further submitted that similarly situated coaccused persons have already been granted bail by a co-ordinate Bench of this Court vide orders dated 02.02.2022 and 16.02.2022 passed in Cr. Misc. no. 59027 of 2021 and Cr. Misc. no. 58855 of 2021 respectively. It is also submitted that neither the place from where the illicit liquor has been recovered belongs to the petitioner nor any illicit liquor has been recovered from the conscious possession of the petitioner.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by a co-ordinate Bench of this Court apart from the fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor the place from where the illicit liquor has been recovered, belongs to the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of 2nd Additional Sessions Judge-cum-

Patna High Court CR. MISC. No.62074 of 2021(2) dt.31-03-2022 3/3 Special Judge, Excise Act, Samastipur in connection with Singhiya PS case no. 92 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T