Lala @ Loknath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7036 of 2020 Arising Out of PS. Case No.-234 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== LALA @ LOKNATH KUMAR S/o Dindayal Mistri @ Dindayal Prasad R/o village- Baidhnath Sahay Lane, Patwa Toli, Manpur, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Buniyadganj P.S. Case No. 234 of 2019 for the offence under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case 750 ML liquor was seized from the possession of co-accused Santosh Kumar and not from the possession of the petitioner.

Considering the quantity of the liquor and the fact that petitioner has no criminal antecedent and nothing was

Patna High Court CR. MISC. No.7036 of 2020(2) dt.28-02-2020 2/2 recovered from the possession of the petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya, in connection with Buniyadganj P.S. Case No. 234 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T