Patna High Court/73911/2022allowed

Lalmuni Bhagat @ Lalmuni Kumar v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73911 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- PIPRIYA District- Lakhisarai ====================================================== Lalmuni Bhagat @ Lalmuni Kumar S/O Bahadur Bhagat Resident Of Ward No- 1, Basauna Tola, P.S.- Piparia, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

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.

Prosecution case relates to recovery of 4 liters country made illicit liquor near bamboo clamp from a bag. 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. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He has no concern with the alleged recovery of meagre quantity of illicit liquor. The petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.73911 of 2022(2) dt.13-01-2023 2/2 since 06.08.2022.

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

Having heard learned counsel for the parties and considering the fact that the recovery of illicit liquor is meagre in quantity, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piparia P.S. Case No. 29 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vth-Cum- Exclusive Special Court-II Excise Act, Lakhisarai.

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