Shant Lal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83349 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- Kharagpur District- Munger ====================================================== Shant Lal Bind Son of Ghrit Narayan Bind R/o -Village/Muhalla- Gobadda, P.S - Kharagpur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Kharagpur P.S. Case no.286 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on being stopped, the petitioner abandoned his motorcycle and escaped taking benefit of the darkness. It is further stated that 40 litres of country liquor was recovered from a bag on his motorcycle.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession or from his motorcycle. The story of the petitioner's escaping etc. are all false and concocted. The alleged recovery is said to have been done when the motorcycle was parked at a public place. The

Patna High Court CR. MISC. No.83349 of 2024(2) dt.13-12-2024 2/2 petitioner has no concern with the seized articles and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kharagpur P.S. Case no.286 of 2024 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 Exclusive Special Judge, Excise-I, Munger. (Partha Sarthy, J) Saurabh/- U T