Lalan Kumar @ Lalan Paswan Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Lalan Kumar @ Lalan Paswan Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna, in connection with Didarganj P.S. Case No.166 of 2014, subject to conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner should be granted bail in anticipation of arrest in connection with Didarganj P.S. Case No.166 of 2014, registered for offences punishable under Sections 420, 270, 272, 290, 467 and 468 IPC and Section 47(A) of the Excise Act.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within a period of six weeks, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna, in connection with Didarganj P.S. Case No.166 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail granted (Satyavrat Verma, J) to Lalan Kumar @ Lalan Paswan in connection with Didarganj P.S. Case No.166 of 2014 (Thana Didarganj, District Patna), registered for offences under Sections 420, 270, 272, 290, 467 and 468 IPC and Section 47(A) of the Excise Act. Alleged recoveries were of 39 litres of liquor from a place near a kiosk and 40 litres from an orchard; petitioner's counsel contended he was not arrested from the spot and was implicated on a custodial confessional statement of Sunil Kumar. Petitioner to surrender or be arrested within six weeks and furnish bail-bonds of Rs. 10,000/- with two sureties of the like amount each before the Exclusive Special Court of Excise, Patna City, subject to Section 438(2) Cr.P.C. conditions. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18019 of 2024

Arising Out of PS. Case No.-166 Year-2014 Thana- DIDARGANJ District- Patna

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

Lalan Kumar @ Lalan Paswan S/o- Sri Ram Pyare Paswan R/oGulmahiyachak, Sabalpur, Ps- Didarganj Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Sucheta Yadav ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 19-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 270, 272, 290, 467 and 468 of the I.P.C. and Section 47(A) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 39 litres of liquor from a place near a kiosk and 40 litres of liquor from an orchard.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.18019 of 2024(2) dt.19-03-2024 2/2

and he came to be implicated based on confessional statement of Sunil Kumar in police custody, which does not have any evidentiary value.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned

counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna in connection with Didarganj P. S. Case No.166 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

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