Lalu Kumar @ Lallu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68944 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Lalu Kumar @ Lallu Kumar, aged about 29 years, male, S/o Yugesh Singh R/o Village - Jageya, P.S - Obra, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Obra PS. Case No. 230 of 2025 dated 26-06-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act,2018.
3.The allegation is of recovery of 8 litres of beer kept in a black bag from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that nothing has been recovered from the house of the petitioner, which is apparent from the seizure list annexed with the FIR, as the description of the place mentioned therein does not indicate that the recovery
Patna High Court CR. MISC. No.68944 of 2025(2) dt.08-10-2025 2/3 was made from the petitioner's house. The petitioner was not apprehended at the spot. Further submission is that the name of the petitioner has been disclosed by the local Chowkidar and some local people of the vicinity. Lastly, it is submitted that the petitioner has two criminal cases of similar nature pending against him, in which he is already on bail.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge Excise Court No. 2, Aurangabad (Bihar) in Obra PS. Case No. 230 of 2025 subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or
Patna High Court CR. MISC. No.68944 of 2025(2) dt.08-10-2025 3/3 his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T