Lakhindra Kumar @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59282 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== LAKHINDRA KUMAR @ RAJU, aged about 26 years, Male, S/o Mainejar Ray, R/o Village- Bahdinpur, P.S.- Paru, District- Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajiv Kumar, Adv.

For the Opposite Party :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Paru P.S. Case No. 242 of 2019 for the offences alleged under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about carrying the liquor loading on truck at village Garha near the brick kiln, the informant, along with other police officials, reached there, then, he saw, in the head light of the police vehicle, one ten wheels truck and a pick-up van parked. On search, of truck 231 cartons, containing 11088 bottles, each containing 180 ml, 164 cartons, containing 3936 bottles, each containing 375 ml, 135 cartons, containing 1620 bottles, each containing 750 ml of Indian made foreign liquor recovered. On pick-up van 25 cartons, containing 300 bottles, each containing 750 ml, of Indian made foreign liquor recovered. On query, the informant came to know that three persons, Rakesh Rai, Suman

Patna High Court CR. MISC. No.59282 of 2019(2) dt.19-09-2019 2/2 Thakur and Lakhinder Kumar (petitioner) have carried the liquor loading on the truck and Bolero.

The submission of the learned counsel for the petitioner is that the petitioner was not apprehended on the spot nor any incriminating materials recovered from his house. The name of the petitioner has come in the light of the secret information received by the informant and petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Paru P.S. Case No. 242 of 2019 shall be released 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 the Special Judge, Excise Act, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T