Patna High CourtCR. MISC./12515/2024bail granted

Laloo Yadav v. The State Of Bihar

2024-02-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12515 of 2024 Arising Out of PS. Case No.-488 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Laloo Yadav S/O Baban Yadav R/O Village- Ekouni, P.S- Dumraon, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nirbhay Prashant, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dumraon P.S. Case No. 488 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 242.79 liters liquor was recovered from one car.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The name of the petitioner was disclosed by the villagers but the petitioner was not present

Patna High Court CR. MISC. No.12515 of 2024(2) dt.26-02-2024 2/2 in the village on the date of occurrence. The petitioner is in custody since 08.01.2024 and has got three criminal antecedents in which the petitioner is on bail in all the cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumraon P.S. Case No. 488 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T