Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39509 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -BAISI District- PURNIA ======================================================

1. LALAN KUMAR Son of Sri Madhav Chandra Das Resident of Village - Ganeshpur, P.S- K. Nagar District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Bidu Ranjan For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 Heard both sides.

The petitioner seeks bail in Baisi P.S. case No. 95 of 2016 under Section 273 of the Indian Penal Code and under Section 47(a) of the Bihar Excise Amendment Act, 2016. The police intercepted a vehicle. One person managed to flee away but the driver and co-passenger were apprehended, who disclosed their names as Lalan Kumar, the petitioner, and Anil Kumar Sah. They disclosed the name of Dinesh Kumar, who managed to flee away. From the vehicle 174 bottles of Royal Stag whisky, each containing one liter, were recovered.

The learned senior counsel for the petitioner submits

Patna High Court Cr.Misc. No.39509 of 2016 (3) dt.24-11-2016 2/2 that petitioner is owner of the vehicle. The petitioner is in jail since 28.06.2014. The petitioner has already remained in jail for about five months.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in Baisi P.S. Case No. 95 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T