Lallu Kumar @ Lallu @ Kallu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37432 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- Khagaul District- Patna ======================================================

1. Lallu Kumar @ Lallu @ Kallu,

2. Pappu Kumar,

3. Musu Kumar, All are sons of Prabhu Rai, R/o Navratan Tola, P.S.- Khagaul, District- Patna.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

11-07-2018 Heard Sri Ghanshyam Tiwary, learned counsel for petitioners and Sri Madan Kumar, learned Addl. Public Prosecutor.

Three petitioners, apprehending their arrest in Special Case No. 3738 of 2018, arising out of Khagaul P.S. Case No. 94 of 2018 registered for offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

By way of referring to F.I.R., learned counsel for petitioners submits that one pick-up van outside house of the petitioners on a road was noticed by the police and from the said pick-up van, huge quantity of Indian make foreign liquor was shown to be recovered. Thereafter, police implicated almost all male family members of the petitioners. Petitioners with their

Patna High Court Cr.Misc. No.37432 of 2018(3) dt.11-07-2018 2/2 father have been arrayed as accused in the F.I.R., whereas, fact remains that the pick-up van does not belong to the petitioners and this is the reason that in the F.I.R., in the column of accused besides petitioners and their father, driver and owner of the vehicle were arrayed as accused.

Besides hearing, I have also perused the material on record, particularly; F.I.R. and after going through the same, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let all the three petitioners namely 1. Lallu Kumar @ Lallu @ Kallu, 2. Pappu Kumar and

3. Musu Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 3738 of 2018, arising out of Khagaul P.S. Case No. 94 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T