Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32268 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- DORIGANJ District- Saran ====================================================== 1.

Lalu Kumar S/o Harendra Rai R/o vill - Lodipur Chirand, P.S. - Doriganj, Distt. - Saran at Chhapra 2.

Ankit Kumar S/o Late Nandlal Ray R/o vill - Lodipur Chirand, P.S. - Doriganj, Distt. - Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Doriganj P.S. Case No. 49 of 2024, instituted for the offences punishable under Sections 341, 323, 332, 333, 353, 504, 506, 34 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, the petitioners were apprehended in drunken state causing ruckus on the road and threatening people.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered

Patna High Court CR. MISC. No.32268 of 2024(2) dt.29-04-2024 2/2 from the conscious possession of the petitioners. It is alleged that petitioners were in drunken state. The petitioners are in custody since 09.03.2024. Petitioner No. 1 has got one antecedent in which the petitioner is on bail and Petitioner No. 2 has got no criminal antecedent. There is no recovery of liquor in this case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Doriganj P.S. Case No. 49 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T