Lalu Kumar @ Lallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43180 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== LALU KUMAR @ LALLU KUMAR Son of Upendra Singh Resident of village - Manjhaul Baba Tola, P.S. - Cheriya Bariyarpur (Manjhaul O.P), Distt. - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)/(b) and 41 of the Bihar Excise Act and Sections 188 and 290 of Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with two antecedent and allegation is of recovery of 876.96 liters of liquor from forest area of Begusarai. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on the secret

Patna High Court CR. MISC. No.43180 of 2023(2) dt.11-07-2023 2/2 information which is the easiest way to implicate someone, it is further submitted that even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 the learned trial court where the case is pending/successor court in connection with Cheriya Bariyarpur P.S. Case No. 89 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T