Lakhindra Rai @ Lakhindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25381 of 2022 Arising Out of PS. Case No.-231 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Lakhindra Rai @ Lakhindra Kumar Son of Mainejar Rai Resident of Village - Bahdinpur, P.S. - Baruraj, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2022 Learned counsel for the petitioner shall remove all the defects as pointed out by office within three weeks. Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is the second attempt of the petitioner to obtain regular bail in connection with Paroo P.S. Case No. 231 of 2020 registered for the offences punishable under Sections 30, 30(a) of Bihar Prohibition and Excise Act, 2018. He is in custody since 28.07.2021.

Earlier prayer for regular bail of the petitioner has been rejected by this Court vide order dated 06.04.2022 passed in Cr. Misc. No. 56552 of 2021 due to non-disclosure of complete criminal antecedent granting liberty to file a fresh application disclosing true and correct criminal antecedent.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.07.2021. It is submitted that the petitioner is accused in seven cases details of which has been given

Patna High Court CR. MISC. No.25381 of 2022(2) dt.02-11-2022 2/2 in paragraph '3' of this application.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the liberty granted to the petitioner and the submission that the petitioner is in custody since 28.07.2021, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Paroo P.S. Case No. 231 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. 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.

Certified copy of this application shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.