Patna High CourtCR. MISC./28538/2018bail granted

Lalu Kumar v. The State Of Bihar

2018-05-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28538 of 2018 Arising Out of PS. Case No.-118 Year-2017 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Lalu Kumar S/o- Jhagru Singh Resident of Ward No. 06, Fatehpur Wala, P.S. Musarigharari, Distt. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No-1 For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the I.P.C. and Sections 30(a), 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 374 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure of co-accused Nirmala Devi. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 374 liters wine is recovered from

Patna High Court Cr.Misc. No.28538 of 2018(2) dt.08-05-2018 2/2 the house of co-accused Nirmala Devi. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise Act, Samastipur in connection with N.H. Bangra P.S. case No.118 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T