Lall Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73785 of 2019 Arising Out of PS. Case No.-2145 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== Lall Babu Prasad Son of Late Basdeo Prasad Resident of Village - Dhandiha, P.O./P.S.- Koilwar, Distt.- Bhojpur (Arrah).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has prayed for bail in connection with Excise Case No. 2145 of 2019 registered for the offences under Section 30(a) of Bihar Prohibition & Excise (Amendment) Act 2018.

As per allegation in the FIR, 71.640 litres of IMFL is said to have been recovered from a hutment which is under the control of the petitioner.

It is submitted by learned counsel for the petitioner that the allegations as made in the FIR are false and frivolous. The alleged recovery was not from the place under his control, but from the hutment behind the house of the petitioner. It is

Patna High Court CR. MISC. No.73785 of 2019(2) dt.27-11-2019 2/2 further submitted that the petitioner has no criminal antecedent and is in custody since 23.10.2019.

Having heard learned counsel for the parties and taking into consideration 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District and Sessions Judge cum Special Judge, Excise, Bhojpur (Ara), in connection with Excise Case No. 2145 of 2019.

(Partha Sarthy, J) uma/- U T