Lalu Kumar @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48645 of 2019 Arising Out of PS. Case No.-234 Year-2019 Thana- MANER District- Patna ====================================================== Lalu Kumar @ Lalu Yadav Son of Mallu Ray @ Bhallu, Resident of - Chakiya Tola, P.S.- Maner, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2019 Heard both sides.

The petitioner apprehends his arrest in Maner P.S. Case No.234 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The S.H.O. of Maner P.S. alleged that he got information that the petitioner and Tufan Kumar were selling liquor in an orchard. On such, the informant and other police officials went to raid the place but the petitioner managed to flee away. One Tufan Kumar was arrested and from his possession huge quantity of Indian made foreign liquor was recovered. Learned counsel for the petitioner submits that the name of petitioner has falsely been dragged in the case. There is no material to show that the petitioner was with Tufan Kumar. The petitioner has got no criminal antecedent and this is the first

Patna High Court CR. MISC. No.48645 of 2019(2) dt.06-08-2019 2/2 criminal case in which the petitioner has been made accused. Having considered the facts that from possession of Tufan Kumar, who was arrested on the spot, huge quantity of Indian made foreign liquor was recovered but the name of petitioner also transpired as a person, who managed to flee away, although nothing has been recovered from conscious possession of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Special Judge, Excise, Patna in connection with Maner P.S. Case No.234 of 2019 (Spl. Case No.4665 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T