Mohan Lal Kumar @ Mohan Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26578 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mohan Lal Kumar @ Mohan Sah son of Indrashan Sah

2. Lal Babu Prasad @ Lal Babu Sah son of Tulsi Sah Both are resident of village Jhakhara Bazar, P.S. Nautan Jagdishpur District West Chamapran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-07-2016 Heard Sri Binay Kumar, learned counsel for the petitioner and Sri Bhanu Pratap Singh, learned A.P.P. Two petitioners, apprehending their arrest in connection with Nautan (Jagdishpur ) P.S. Case No. 64 of 2016 registered for the offence under section 467, 468, 471, 420, 414, 307, 272, 273 , 120(B) of the Indian Penal Code and Section 47(A) of the Excise Act have prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioners that from perusal of the F.I.R. itself it is evident that on secret information search was conducted in the orchard of Sri Jay Prakash Kumar @ Bholu Sah and huge quantity of country made liquor was recovered. He submits that there is no indication as to how petitioners were involved. Only on the ground of

Patna High Court Cr.Misc. No.26578 of 2016 (2) dt.04-07-2016 2/2 source information petitioners have been made accused in the present case. He submits that it is very difficult to apprehend as to under what circumstances besides offences under the Excise Act other sections of the Indian Penal Code have been added in the F.I.R.

Learned A.P.P. have opposed the prayer for bail. However, keeping in view the fact that petitioners name has come only on source information, there is no reason to deny the prayer for grant of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let both the petitioners namely Mohan Lal Kumar @ Mohan Sah and Lal Babu Prasad @ Lal Babu Sah be enlarged on bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of Sri R.R. Sahay, Sub Judge III, West Champaran at Bettiah in connection with Nautan (Jagdishpur) P.S. Case No. 64 of 2016 subject to conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T