Laxman Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39552 of 2017 Arising Out of PS. Case No.-285 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Laxman Sah, Son of Late Shiv Mangal Sah.

2.

Dirar Kumar, Son of Laxman Sah, both resident of VillageNaya Tola, Banjariya, P.S. - Banjariya, District-West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Miss Rashmi Bharti Sri Suraj Narayan Prasad Sinha, Sr. Counsel For the Opposite Party/s :

Sri Nityanand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Miss Rashmi Bharti, learned counsel, who has argued in presence of Sri Suraj Narayan Prasad Sinha, learned senior counsel for the petitioners as well as learned Additional Public Prosecutor.

At the very outset, learned counsel for the petitioners submits that during pendency of this petition, petitioner no. 1 namely Laxman Sah was arrested and subsequently granted regular bail, and as such, petition in respect of petitioner no. 1 has become infructuous.

Accordingly, the petition so far petitioner no. 1 Laxman Sah is concerned stands dismissed as same has

Patna High Court Cr.Misc. No.39552 of 2017(4) dt.17-10-2017 2/3 become infructuous.

So far petitioner no. 2 namely Dirar Kumar is concerned, it was submitted that this petitioner has been made accused on confession of the co- accused and this petitioner is having clean antecedent and apprehending his arrest in Turkauliya ( Banjariya ) P.S. Case No. 285 of 2017 registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender. Considering the fact that name of petitioner no. 2 namely Dirar Kumar has come on the basis of confession of the co- accused as well as the fact that petitioner no. 2 has no criminal antecedent , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner no.

2 namely Dirar Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge, Motihari / concerned court in connection with Turkauliya ( Banjariya ) P.S. Case No.

Patna High Court Cr.Misc. No.39552 of 2017(4) dt.17-10-2017 3/3 conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T