Lallu Kumar @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10130 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== Lallu Kumar @ Vikas Kumar Son of Chottan Singh Resident of Village - Jamalpur Kalyanpur, P.S. - Athmalgola, Dist.- Panta. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Athmalgola P.S. Case no. 20 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received, it is stated that a raid was conducted. While the five accused persons managed to escape, a total of 1057.2 litres of illicit liquor was recovered. The petitioner was identified as one of the accused who had escaped. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.10130 of 2021(2) dt.15-06-2021 2/2 incriminating article has been recovered from his possession. He has no criminal antecedent and is in custody since 6.9.2020. He has no concern with the alleged place of recovery. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and having remained in custody for over 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Athmalgola P.S. Case no. 20 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

Prakash/- (Partha Sarthy, J) U T