Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41227 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -SAHARGHAT District- MADHUBANI ====================================================== Lalu Kumar, Son of Parikshan Yadav, Resident of Kerwa, P.S.- Shaharghat, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Saharghat P.S. Case No. 98 of 2016 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Section 30 (A) of the Bihar Excise Act, 2016.

In the written report it is alleged that this petitioner along with co-accused Ranjeet Yadav were doing the business of illegal sale and purchase of the illicit liquor. It has been submitted on behalf of the petitioner that he is not named in the written report. He has been described as owner-cum-driver of pick-up van from which the alleged liquor has been recovered. It has further been submitted that co-accused Ranjeet has already been granted anticipatory bail on 27.5.2017 by

Patna High Court Cr.Misc. No.41227 of 2017 (3) dt.13-11-2017 2/2 the court below vide A.B.P. No. 39 of 2017.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Saharghat P.S. Case No. 98 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Madhubani, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T