Lal Babu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72428 of 2022 Arising Out of PS. Case No.-340 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== LAL BABU RAI Son of Late Ramdyal Rai R/v- Madhopur Susta, P.S.- Naniyari, District- Muzaffarpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Maniyari P.S. Case No.340 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution, the police personnel while checking apprehended this petitioner along with co-accused and upon search recovered a total of 280 litres of toddy from the alleged vehicle.
The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and has been languishing in jail since 18.10.2022, he is a driver by profession and on the alleged day
Patna High Court CR. MISC. No.72428 of 2022(3) dt.24-03-2023 2/2 of recovery of the alleged wine he was driver of the alleged vehicle and his said position has been mentioned in the FIR and against him the investigation has been completed. Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, and mainly considering the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 concerned Court in connection with Maniyari P.S. Case No.340 of 2022.
(Shailendra Singh, J) sangam/- U T