Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6786 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== LAL BABU SINGH, SON OF TANKESHWAR SINGH, R/O VILLAGESINGRAHI, P.S.- JAYNAGAR, DISTRICT- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2021 Heard Mr. Ratnakar Jha, learned Counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Khajauli Police Station Case No. 233 of 2020, corresponding to G.R. No.1569 of 2020, disclosing offences under Sections 272, 273, 414/34 of the Indian Penal Code.

The allegation against the petitioner is that the motorcycle was intercepted on which the petitioner was traveling and the police recovered a total quantity of 90 litres of illicit liquor from the said motorcycle.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel next submits that the petitioner has got no criminal

Patna High Court CR. MISC. No.6786 of 2021(2) dt.30-01-2021 2/2 antecedent and he is in custody since 29.11.2020. Learned counsel next submits that petitioner is student and is studying in Intermediate course, i.e. 10 + 2 and his examination is scheduled to be held from 2nd February, 2021 and in support of the same, learned counsel for the petitioner has produced admit card of the petitioner. Learned counsel next submits that motorcycle from which the illicit liquor has been recovered does not belong to the petitioner and he is not the owner of the same.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is the student of Intermediate and his examination is scheduled to be held from 2nd February, 2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Lal Babu Singh, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection Khajauli Police Station Case No. 233 of 2020, corresponding to G.R. No.1569 of 2020.

sanjeev/- (Anil Kumar Sinha, J) U T