Patna High CourtCR. MISC./72875/2023allowed

Lalbabu Rai @ Lalbabu Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72875 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== LALBABU RAI @ LALBABU KUMAR SON OF RAMESHWAR RAY R/O VILLAGE- BHORAHA, P.S.- SHYAMPUR BHATHA, DIST.- SHEOHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per FIR, prosecution case relates to recovery of 724.8 litres of english wine from house of co-accused and this petitioner is said to have been indulged in illicit trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of disclosure made by co-accused Niraj Kumar who was apprehended on spot. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of

Patna High Court CR. MISC. No.72875 of 2023(2) dt.08-11-2023 2/2 illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 22.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheohar P.S. Case No. 191 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Sheohar.

(Sunil Kumar Panwar, J) Amandeep/- U T