Lal Babu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65865 of 2021 Arising Out of PS. Case No.-265 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.
LAL BABU PRASAD SON OF SHRI GANGA BHAGAT RESIDENT OF VILLAGE- SIRSA, P.S- MUFFASIL, DIST- EAST CHAMPARAN 2.
JITENDRA SAH @JITEBDRA SHA SON OF KAPILDEV SAH RESIDENT OF VILLAGE- SIRSA, P.S- MUFFASIL, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-02-2022 Heard the learned counsel for the petitioners and the learned APP for the State, through Video Conferencing. The petitioners seek bail in connection with Excise Case No. 265 of 2021, instituted for the offences under Sections 30(a), 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2018.
The learned counsel for the petitioners submits that the petitioners are in custody since 14.09.2021, charge-sheet has been submitted and persons with clean antecedent and allegation is of recovery of 74.250 litres of liquor from the Alto car. The learned counsel submits that the petitioners are neither owner of the car nor driver of the car nor the liquor
Patna High Court CR. MISC. No.65865 of 2021(2) dt.11-02-2022 2/2 belongs to this petitioner rather they had taken lift and thus came to be implicated during search was made. The learned A.P.P. vehemently opposes the bail application.
Considering the fact the petitioners are in custody since 14.09.2021, charge-sheet has been submitted and are persons with clean antecedent, the petitioners, above-named, are directed to be released on bail on his furnishing bail-bonds in the sum of Rs.2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-II, Gopalganj, in connection with Excise Case No. 265 of 2021.
The application stands allowed.
(Satyavrat Verma, J) sanjeev/- U T