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Patna High CourtCR. MISC./75662/2019bail granted

Lalan Singh @ Lulan Singh @ Lulan Prasad Singh v. The State Of Bihar

2019-12-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75662 of 2019 Arising Out of PS. Case No.-325 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Lalan Singh @ Lulan Singh @ Lulan Prasad Singh Son of Late Lakhan Singh @ Ram Lakshman Singh @ Ram Lakshan Singh Resident of Village - Meghpur Singhara, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 4.10.2019 has filed the instant application for grant of bail in connection with Mahua P.S. Case No. 325 of 2019 (District- Vaishali) registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation in the FIR, on secret information having been received a raid was conducted. It is stated that 39.750 litres of IMFL was recovered from bamboo clump next to the house of the petitioner who managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.75662 of 2019(2) dt.11-12-2019 2/2 that no recovery as alleged has taken place. The petitioner was not arrested at the spot. He is in custody since 4.10.2019. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not being arrested at the spot nor any incriminating article being recovered from his possession, the Court is inclined to grant bail to the petitioner. Let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Court, Vaishali at Hajipur in connection with Mahua P.S. Case No. 325 of 2019 (District- Vaishali).

(Partha Sarthy, J) Bibhash/- U T