Patna High CourtCR. MISC./55786/2022bail granted

Lalit Kumar v. The State Of Bihar

2022-12-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55786 of 2022 Arising Out of PS. Case No.-46 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Lalit Kumar S/O Ram Pravesh Kunwar R/O Village- Ghosaut, Police StationSiwaipatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Siwaipatti P.S. Case No. 46 of 2019 lodged under Sections 272, 273, 120(B)/34 of I.P.C. and Sections 30, 30(a), 38, 41 of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 921.765 liter of foreign wine has been made from different vehicles kept in the premises of plywood factory, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.55786 of 2022(2) dt.02-12-2022 2/2 that petitioner is one of the partners of the plywood factory but he is nowhere related to the said vehicles which was seized from the plywood factory and from which the said wine has been recovered. He further submits that petitioner is in custody since 04.08.2022 having clean antecedent. Charge-sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclisve Special Judge Excise, Court1, Muzaffarpur in connection with Siwaipatti P.S. Case No. 46 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T