Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70055 of 2021 Arising Out of PS. Case No.-231 Year-2021 Thana- GURUA District- Gaya ====================================================== Lalan Kumar, Son of Bindeshwari Yadav @ Bineshver Yadav Resident of Village - Nawabchak, P.S. - Gurua, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Gurua P.S. Case No. 231/2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, about 100 liters of Mahua liquor along with 760 KG Mahua were recovered from the possession of the petitioner and other accused persons, however, learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 06.10.2021 and is having clean antecedent.

Patna High Court CR. MISC. No.70055 of 2021(3) dt.24-06-2022 2/2 Learned APP has opposed the prayer for bail, submitting that a huge quantity of Mahua liquor and Mahua flower have been recovered from the possession of the petitioner.

Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gaya in connection with Gurua P.S. Case No.231 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T