Laddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5210 of 2020 Arising Out of PS. Case No.-174 Year-2019 Thana- NAUTAN District- Siwan ====================================================== Laddu Kumar Son of Kashi Nath Ram Resident of Village - Barhulia, P.S.- Andar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Nautan P.S. Case No. 174 of 2019, registered for the offence punishable under Sections 30 (a) and 41 (i) of the Bihar Prohibition & Excise Act, 2016.

The police has recovered 5.700 litres of illicit liquor from the dickey of the motorcycle, however, counsel for the petitioner submits that he has got no criminal antecedent. Looking to the quantity of liquor recovered and antecedent, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.5210 of 2020(2) dt.28-02-2020 2/2 Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-7th-cum-Special Judge, Excise, Siwan in connection with Nautan P.S. Case No. 174 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application, i.e., 16.01.2020 then his bail bond would not be accepted. (Shivaji Pandey, J) V.K.Pandey/- U T