Patna High CourtCR. MISC./69009/2023bail granted

Lalmohan Prajapati v. The State Of Bihar

2023-11-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69009 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- SILAO District- Nalanda ====================================================== LALMOHAN PRAJAPATI S/O LATE HEERAMAN PRAJAPATI R/O VILL-BARACHATTI, P.S.-BARACHATTI, DIT.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Silao P.S. Case No. 210 of 2023 registered for the offence under Sections 30(a) of Excise Act, 2016.

4. As per the prosecution case, 124 litres of English wine has been recovered from a Tempo.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.69009 of 2023(2) dt.01-11-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner has no criminal antecedents and he is in custody since 04.08.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise II, Nalanda, Biharsharif in connection with Silao P.S. Case No. 210 of 2023.

10. The petitioner will mark his attendance at Barachatti Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T