Lala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74898 of 2024 Arising Out of PS. Case No.-139 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Lala Kumar S/o- Harendra Rai Resident Of Village- Nirpur Pushahi, PSPatepur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Suruchi Anand, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Patepur P.S. Case no.139 of 2020 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 1.5 litres of liquor was recovered from the motorcycle in question. It is stated that the owner of the vehicle managed to escape.

4. Learned counsel for the petitioner submits that the FIR was registered against the registered owner of the vehicle in question. Though as per the registered owner, the motorcycle in question was sold to this petitioner, however, registration of the said vehicle still continues in the name of Radhe Chaudhary. The petitioner has no concern with the seized

Patna High Court CR. MISC. No.74898 of 2024(2) dt.13-11-2024 2/2 liquor nor was he the person who escaped from the place of occurrence. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the submissions made and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Patepur P.S. Case no.139 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court II-cumAdditional District and Sessions Judge, Vaishali at Hajipur. (Partha Sarthy, J) Saurabh/- U T