Lallo Kumar @ Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55047 of 2016 Arising Out of PS.Case No. -257 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Lallo Kumar @ Lalu Kumar, Son of Chandra Yadav, Resident of VillageDharhara, Kala, P.S.- Fatehpur, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shivendra Prasad, Advocate For the Opposite Party : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody in connection with Fatehpur P.S.Case No.257 of 2016 for offence under Sections 272 and 273/34 of the IPC and section 47(a)(g) and 50 of the Bihar Excise Amendment Act, 2016.

As per the prosecution case, the police personnel in course of patrolling duty noticed that two motorcycles borne persons and a driver with tempo were trying to flee but they were caught by the police and further in course of search some country made wine were recovered from the tempo.

It has been submitted by the learned counsel for the petitioner that nothing has been recovered from the possession of

Patna High Court Cr.Misc. No.55047 of 2016 (2) dt.21-12-2016 2/2 the petitioner and he has falsely been implicated in this case and similarly situated co-accused, namely, Mukesh Kumar has been granted bail by a Coordinate Bench of this Court in Cr.Misc.No.53639 of 2016.

However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Considering the above facts and circumstances as well as the other co-accused has been granted bail by this Court, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ramesh Kumar, learned Judicial Magistrate, Ist Class, Gaya in connection with Fatehpur P.S.Case No.257 of 2016.

(Sanjay Kumar, J) B.Kr./- U T