Lalan Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66133 of 2023 Arising Out of PS. Case No.-532 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Lalan Rajbanshi Son Of Binod Rajbanshi @ Vijay Rajbanshi Village- Jobkala Ps- Rajauli Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Rajauli P.S. Case No. 532 of 2021 dated 25.10.2021 registered for the offences punishable u/s 30(a) (d) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 1000 litres of fermented Jawa Mahua, 12 litres of country made liquor and a motorcycle were recovered on the bank of the river, Khuri.

Patna High Court CR. MISC. No.66133 of 2023(2) dt.13-10-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot and the name of the petitioner has sprung up in the confessional statement of local Chaukidar. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has 13 other criminal case and he is on bail in 12 criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2023.

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

7. 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, Nawada in connection with Rajauli P.S. Case No. 532 of 2021 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.66133 of 2023(2) dt.13-10-2023 3/3 cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

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