Patna High CourtCR. MISC./33882/2025bail granted

Lacky Yadav @ Lacky Kumar v. The State Of Bihar

2025-05-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33882 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- SONEBARSA District- Buxar ====================================================== Lacky Yadav @ Lacky Kumar S/O Late Suresh Yadav R/O Vill.- Girdhar Baranv, P.s.- Sonbarsha, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sonebarsa P.S. Case No. 22 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Act, 2022 lodged on 09.03.2025 by the informant, Navin Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the house of one Ankit Kumar was raided and there is recovery/seizure of 188.190 liter foreign liquor. Those who escaped were named by the locals, the petitioner included. This led to the FIR.

4. Learned Counsel for the petitioner submits that only because of his criminal antecedent, he got implicated. The recovery/seizure is from the house of Ankit Kumar, he has no role to play in the matter. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 15,000/- to the District Legal Services

Patna High Court CR. MISC. No.33882 of 2025(2) dt.21-05-2025 2/3 Authority, Buxar for purchase of flower pots/beautification of the Civil Court Campus of Buxar Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt has to be submitted before the Trial Court.

5. Learned APP on the other hand, opposes the prayer and submitting that he has criminal antecedent.

6. Considering the submissions of the parties as also that the recovery/seizure is from the house of Ankit Kumar, his name is there, shall be facing the trial, nothing has been recovered from his conscious possession, in that background, this Court is inclined to grant him the anticipatory bail subject to payment of Rs.15,000/- to the District Legal Services Authority, Buxar for purchase flower pots/beautification of the Civil Court Campus of Buxar Judgeship through Demand Draft issued by the local branch of the State Bank of India.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Incharge Exclusive Excise Special Judge, Court No.II, Buxar in connection with Sonebarsa P.S. Case No. 22 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.33882 of 2025(2) dt.21-05-2025 3/3 (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

8. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Buxar for his perusal and needful.

(Rajiv Roy, J) Ravi/- U T