Lalan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5882 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== LALAN KUMAR YADAV S/o Jagdish Prasad Yadav @ Jagdish Yadav R/o Village- Shivnagar, ward no. 9, P.S.- Triveniganj, Distt- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution, in brief, is that after getting secret information the informant along with police personnel reached at flour mill of the petitioner and arrested him. On search, total 61.92 liters illicit foreign liquor was recovered from petitioner's flour mill.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.5882 of 2023(2) dt.10-04-2023 2/2 petitioner has got no criminal antecedent. It is further submitted vide para 6 of petition that several customers come at flour mill of the petitioner so it might be possible that anyone can left out the alleged liquor due to fear of police. Petitioner has no concern with the alleged recovery of illicit liquor and nothing incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 13.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 510 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Supaul.

(Sunil Kumar Panwar, J) Amandeep/- U T