Md. Lal Mohammad @ Lal Babu @ Lal Mohammad @ Md. Lal Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79656 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== 1.
Md. Lal Mohammad @ Lal Babu @ Lal Mohammad @ Md. Lal Babu Son of Shekh Satar 2.
Md. Manzar Imam @ Manzar Alam S/O Bechu Shekh Both are Resident of village - Durgapatti , P.S - Harlakhi , District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioners and Mr. Arun Kumar Singh, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Harlakhi P.S. Case No. 221 of 2024 instituted for the offence under Sections 274, 275/3(5) of the B.N.S. and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The case of the prosecution is that a raid was made by the police regarding seizure of illegal liquor. At that time, petitioner No.1 was indulged in making video. It is further alleged that when the police asked them to go down the police vehicle, Manzar Alam (Petitioner No.2) objected it. Police has secret information that these petitioners are also indulged in the
Patna High Court CR. MISC. No.79656 of 2024(2) dt.28-11-2024 2/2 business of illegal liquor.
4. During course of the argument, learned counsel for the appellants has submitted that nothing has been recovered from the possession of the petitioners and they are having clean antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Harlakhi P.S. Case No. 221 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction from the court of learned Additional District and Sessions Judge-II-cum-Special Judge Excise Act, Madhubani subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) durgesh/- U T