← Library
Patna High CourtCR. MISC./55521/2023allowed

Lalu Kumar v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55521 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- JALE District- Darbhanga ====================================================== LALU KUMAR SON OF LATE SHOBHIT SAH R/O VILL- BANAUL WARD NO 08, PS- NANPUR, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 180 liters of illegal Nepali liquor from a Scorpio Car.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question. He submitted that the petitioner purchased the said vehicle for the purpose of his lively hood and play the vehicle for the people, who reserve his vehicle and on the date of occurrence one co-accused Nagendra

Patna High Court CR. MISC. No.55521 of 2023(2) dt.30-08-2023 2/2 Sah book his vehicle. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 05.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Jale P.S. Case No. 85 of 2023.

(Sunil Kumar Panwar, J) arish/- U