Patna High CourtCR. MISC./63144/2024bail granted

Lalbabu Prasad @ Lal Babu Prasad v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63144 of 2024 Arising Out of PS. Case No.-1458 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Lalbabu Prasad @ Lal Babu Prasad S/o- Late Laxman Prasad Resident of Village- Bela Chhapra, P.s.- Bela, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1458 of 2024 dated 12.08.2024 registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1382.40 litres of illicit foreign liquor was recovered from the pick-up van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the seized vehicle. The name of the petitioner has transpired in

Patna High Court CR. MISC. No.63144 of 2024(2) dt.04-09-2024 2/2 this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Excise P.S. Case No. 1458 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T