Allowed

Lalit Yadav @ Lalit Kumar v. The State of Bihar

Patna HC5 Nov 2019CR. MISC./68068/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous appeal arising from a liquor raid, the Patna High Court granted anticipatory bail to two petitioners charged under Section 30(a) of the Bihar Prohibition and Excise Act. The court noted the absence of direct evidence showing possession and relied on the petitioners' clean record to order enlargement on bail with sureties.

What did the court decide?

Petitioners enlarged on bail on furnishing Rs. 10,000 each with two sureties each, to surrender within four weeks.

Lalit Yadav @ Lalit Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68068 of 2019

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Arising Out of PS. Case No.-86 Year-2019 Thana- KEWATI District- Darbhanga

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======================================================

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Lalit Yadav @ Lalit Kumar, Aged about 33 years, Male, Son of Raghunath Yadav, Resident of Village- Bahatwara, P.S.- Keoti, District- Darbhanga.

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Vikash Kumar @ Vikash Mandal, Aged about 18 years, Male, Son of Dinesh Mandal, Resident of Village Bahatwara, P.S. Keoti, District Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioners : Mr. Baidya Nath Thakur, Advocate Mr. Prabhakar Thakur, Advocate For the State : Ms. Renu Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 05-11-2019 Heard both sides.

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The petitioners apprehend their arrest in Keoti P.S.

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Case No.86 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

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The informant alleged that he got secret information about keeping Indian made foreign liquor in Behatwara orchard and on such raid was conducted. 118.650 litres of Indian made foreign liquor was recovered. One Amarjeet Kumar was also apprehended. Amarjeet Kumar is said to have disclosed the names of the petitioners who are said to have fled away.

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Learned counsel for the petitioners submits that nobody has seen the petitioners keeping liquor or accompanying

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Patna High Court CR. MISC. No.68068 of 2019(2) dt.05-11-2019 2/2

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Amarjeet Kumar in the orchard. Save and except the so called disclosure made by Amarjeet Kumar, there is no material to show that the petitioners had kept the liquor in the orchard. No offence under Section 30(a) of the Bihar Prohibition and Excise Act is made out against the petitioners.

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Taking into consideration the facts and nature of allegation made against the petitioners and the fact that save and except the disclosure made by Amarjeet Kumar, nothing has been recovered from possession of the petitioners and petitioners have got no criminal antecedent, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned A.D.J. Vth-cumSpecial Judge (Excise Act), Darbhanga in connection with Keoti P.S. Case No.86 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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U T

Lalit Yadav @ Lalit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalit Yadav @ Lalit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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