Lallu Sah @ Jai Prakash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53310 of 2022 Arising Out of PS. Case No.-246 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Lallu Sah @ Jai Prakash Gupta, Son Of Hira Sah @ Hiralal Sah R/O Vill.- Majharia, P.S.- Buxar (IND.), Dist.- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 22.320 litres of liquor from a plastic sack kept on a motorcycle.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is neither the owner, nor the driver of the alleged

Patna High Court CR. MISC. No.53310 of 2022(2) dt.14-10-2022 2/2 vehicle and he came to be implicated based on secret information because of his antecedent.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum 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 in connection with Official Complaint Case No.246(O) of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T