Lalbabu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81885 of 2023 Arising Out of PS. Case No.-514 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Lalbabu Chauhan Son Of Rajesh Mahto @ Rajesh Chauhan R/O VillageNadwa, P.S.-BHORE, Dist.-GOPALGANJ ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Bhakta For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 414 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 63 litres of country made liquor from a motorcycle bearing Reg. No. BR-22M-0265. Petitioner is alleged to be apprehended on spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.81885 of 2023(2) dt.02-01-2024 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has no concern in any manner from the alleged recovered illicit liquor. Moreover, the petitioner is languishing in judicial custody since 18.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing for State vehemently opposed the prayer of bail and submitted that petitioner was apprehended on spot.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge II-cum-Special Judge Excise I, Gopalganj in connection with Bhore P.S. Case No. 514 of 2023.

Patna High Court CR. MISC. No.81885 of 2023(2) dt.02-01-2024 3/3 The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T