Lallan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2761 of 2018 Arising Out of PS.Case No. -193 Year- 2017 Thana -ISUAPUR District- SARAN ====================================================== Lallan Rai Son Of Gulab Rai, Resident of Village-Lauwa, P.S.-Ishuapur, District-Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ishuapur P.S. Case No. 193 of 2017 registered under Sections 30, 38 and 41 of Bihar Prohibition and Excise Act, 2016.

The petitioner along with five other named accused persons are said to have been supplying spirit to Mukesh Singh and Mukesh Singh concealed the supplied spirit in the plinth of his house as per the secret information. On the said information, 1000 litres of spirit was recovered from the plinth of the house of Mukesh Singh.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.2761 of 2018 (2) dt.23-01-2018 2/2 physical possession of the petitioner. The petitioner has no concern either with any business of supplying spirit or with the seized spirit. He has been falsely implicated in the case at the instance of his enemies. No case has been filed against the petitioner regarding supplying of spirit to anyone till now. He has been languishing in custody since 06.11.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Additional District and Sessions Judge, 6th, Saran at Chapra in connection with Ishuapur P.S. Case No. 193 of 2017. (Prakash Chandra Jaiswal, J.) Mishra/- U T