Lalit Kumar Rai @ Lalit Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77313 of 2024 Arising Out of PS. Case No.-33 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Lalit Kumar Rai @ Lalit Kumar Ray S/O Kusheshwar Ray R/O VillageHanumanganj(Mishratola), P.O- Lalbagh, P.S- Darbhanga Town, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-11-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of LNMU Police Station Case No. 33 of 2021, dated 19.01.2021, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police recovered 360 litres of Nepali liquor from the car of the petitioner, which was parked at Bhandar Chowk and no one was present inside the car.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.77313 of 2024(2) dt.21-11-2024 2/3 this case merely on the basis that the petitioner is the registered owner of the car in question. He further submits that the petitioner sold the car to one Bikash Paswan on 29.02.2020 and the petitioner has annexed the sale letter/affidavit as Annexure P/2 to this application. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that he has been made accused on the basis of his being the registered owner of the car and further the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Exclusive Special Judge-II, Excise, Darbhanga, in connection with LNMU Police Station Case No. 33 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.77313 of 2024(2) dt.21-11-2024 3/3 Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √