Lakshan Das @ Lakhan Das @ Lakshmeshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82581 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Lakshan Das @ Lakhan Das @ Lakshmeshwar Das Son of Late Muneshwar Das Resident of Village - Shiv Daspur, P.S.- Katra, Distt.- Muzaffarpur .. Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate For the Opposite Party :

Mr.Arun Kumar Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 323, 353/504 and other allied sections of the Indian Penal Code and under section 45 of the Bihar Prohibition and Excise Act.

It is alleged that the petitioner and others tried to snatch arms of the police party and they pelted stone on them when they tried to close the toddy shops on the eve of Holi festival.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The allegation is in fact general and omnibus. Similarly situated several coaccused have already been allowed pre-arrest bail by this Court vide order mentioned in para 14 of the bail petition. Petitioner has got no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.82581 of 2019(2) dt.12-12-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Muzaffarpur in Katra Police Station Case No. 65 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T