Patna High CourtCR. MISC./78135/2023allowed

Lalai Bind v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78135 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Lalai Bind Son Of Rammurat Bind Resident Of Village - Haripur, P.S.- Bhagwanpur, District - Kaimur At Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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.

3. Prosecution case relates to recovery of 200 liters of country made liquor from forest.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He was not arrested on spot. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the seized liquor. A statement has been made in para-3 of this petition that the

Patna High Court CR. MISC. No.78135 of 2023(2) dt.06-12-2023 2/2 petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhagwanpur P.S. Case No. 252 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 Special Judge Excise Act- II, Kaimur at Bhabua.

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