Lalu Kumar @ Lalu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60176 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== AJIT KUMAR S/O JAGAN PASWAN @ JAGAN BHAGAT Resident of Village- Kuwari Chowk @ Kuwari Badhi Tola, P.S.- Ganga Bridge, DistrictVaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68008 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== LALU KUMAR @ LALU RAI S/o Mahesh Rai R/o Village- Hankarpur, P.S.- Isuapur Distt- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 60176 of 2022) For the Petitioner/s :
Mr. Vasant Vikas For the Opposite Party/s :
Mr. Gauri Shankar Gupta (In CRIMINAL MISCELLANEOUS No. 68008 of 2022) For the Petitioner/s :
Mr. Ajay Kumar Sharma For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-01-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.
The petitioners seek bail in connection with Ganga Bridge P.S. Case No. 173 of 2021, registered for the offences punishable under Sections 414, 467, 468, 471,
2/4 420, 120B and 34 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of Bihar Prohibition and Excise Act, 2016.
As per allegation, total 1710.720 litres of foreign liquor was recovered from a truck.
Ld. counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case. They further submit that nothing has been recovered from the conscious possession of the petitioners. They also submit that search and seizure has not been made as per the procedure as prescribed under Cr. P.C. They further submit that the petitioners have been languishing in jail since 01.07.2022 and 04.08.2022. It has also been stated in paragraph no. 3 of the bail petition that the petitioners have no criminal antecedents.
It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently
3/4 opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above-named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Ld. Exclusive Special Excise Court No. 1-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 173 of 2021 on the following conditions:
(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them
4/4 from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bond of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioners.
Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T