Lalu Kumar @ Lallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6499 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.

Lalu Kumar @ Lallu Kumar S/o Sri Rajeshwar Ray R/o VillageJafarabaddih, P.S.- Raghopur, Distt- Vaishali. 2.

Ranjan Kumar S/o Sri Raju Ray R/o Village- Sukumarpur, P.S.- Raghopur, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail, who are in custody since 01.01.2023, in connection with Malsalami P.S. Case No. 02 of 2023, F.I.R. dated 01.01.2023 registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibitiion and Excise Act, 2016.

Recovery is of 80 litres of country made liquor. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case only on the basis of disclosure made by the co-accused persons. He further submits that it

Patna High Court CR. MISC. No.6499 of 2023(2) dt.02-05-2023 2/3 appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession or the house the petitioner rather recovery has been made from the motorcycle in question and the motorcycle in question does not belong to the petitioners and the petitioners have no concern at all with the alleged recovery of illicit liquor or the co-accused persons. He further submits that the police after investigation submitted chargesheet against the petitioners and the petitioners are in custody since 01.01.2023.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners. Considering the facts and circumstances of the case, nothing has been recovered from the possession of the petitioners and the petitioners having clean antecedents, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court, Patna City, Patna in connection with Malsalami P.S. Case No. 02 of 2023, subject to the following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.6499 of 2023(2) dt.02-05-2023 3/3 Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioner has concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T