Lalan Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.105 of 2024 Arising Out of PS. Case No.-439 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Lalan Rajbanshi, S/O - Binod Rajbanshi @ Vijay Rajbanshi, resident of village - Jobkala, P.S.- Rajauli, District-Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State. 2.

A supplementary affidavit has been filed on behalf of the petitioner, in which it has been stated that if the petitioner is granted bail he will reside at village-Birne, P.S.- Gawan, District-Giridih (Jharkhand) where his brother-in-law namely, Nawlesh Kumar is residing.

3.

This is the second attempt on behalf of the petitioner for grant of regular bail in connection with Rajauli P.S. Case No.439 of 2021 registered for the offence punishable under Section 30(a)(d) of the Bihar Prohibition & Excise Act. 4.

Earlier, the bail application of the petitioner was rejected on 18.10.2023 passed in Cr. Misc. No.68010 of 2023 as the petitioner is accused in thirteen more criminal cases. 5.

The recovery is of 50 litres of country made liquor. The petitioner is in custody since 01.06.2022.

Patna High Court CR. MISC. No.105 of 2024(3) dt.16-02-2024 2/2 6.

Considering the period of custody of the petitioner and also the quantum of recovery, this application is allowed.

7.

Let the petitioner, above named, be released 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 Exclusive Special Excise Court-II, Nawada, in connection with Rajauli P.S. Case No.439 of 2021. 8.

After release, the petitioner will reside at village - Birne, P.S.- Gawan, District - Giridih (Jharkhand) where his brother-in-law namely, Nawlesh Kumar, is residing. The petitioner will also mark his presence in Gawan Police Station, District- Giridih (Jharkhand) on every Sunday of the month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. 9.

Let a copy of this order be communicated to the Superintendent of Police, Giridih (Jharkhand) forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) pawan/- U T