Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54285 of 2021 Arising Out of PS. Case No.-438 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== LALAN KUMAR S/o INDAL MANDAL R/o VILLAGE-KHANPUR, P.SPIRPAINTI, DISTRICT-BHAGALPUR. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Md. Najmul Hodda, Advocate.

For the State :

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-02-2022 The applicant/accused in Crime No.438 of 2021 registered with Police Station-Kahalgaon for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, by this application is seeking his release on bail during the pendency of the trial.

Heard both sides.

The chargesheet has already been filed. The investigation of the subject crime is over. It is reported that the applicant is not having any criminal antecedents.

According to the prosecution case, a tempo in which the applicant was travelling was found to be containing 66 liters of country made liquor.

Considering the nature of the crime and the fact that the investigation of the subject crime is over, the following orders:

Patna High Court CR. MISC. No.54285 of 2021(2) dt.01-02-2022 2/3 (i). The application is allowed.

(ii). The applicant/accused in Crime No.438 of 2021 registered with Police Station-Kahalgaon for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted

Patna High Court CR. MISC. No.54285 of 2021(2) dt.01-02-2022 3/3 to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T