Lakhsman Sah @ Laxman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57586 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- DORIGANJ District- Saran ====================================================== Lakhsman Sah @ Laxman Sah Son of Late Ram Ishwar Sah, R/o VillageMirpur Bhuwal, P.S.- Dighwara, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate, Adv.

For the Opposite Party/s :

Mr. Arbind Kumar Pandey (APP84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, 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 Doriganj P.S. Case No. 42 of 2022 lodged under Sections 30(a)/32(2) (3) & 38 of Bihar Prohibition and Excise Act, 2016. As per prosecution case, the total recovery of 100 liter country made wine and articles relating to preparation of wine has been made from a pickup van, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that antecedent of petitioner is clean and he has been apprehended from the place of occurrence. He also submits that

Patna High Court CR. MISC. No.57586 of 2022(2) dt.02-12-2022 2/2 the name of petitioner has come only by virtue of the owner of the pickup van, he has handed over his pickup van to his driver and khalasi for running and petitioner is completely unaware that what they are doing with his pickup van. He further submits that petitioner is in custody since 14.06.2022 and 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 Additional District and Sessions Judge-II-cum-I-Exclusive Special Judge, Excise, Chapra, Saran in connection with Doriganj P.S. Case No. 42 of 2022, 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.) ravishankar/- U T