Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14996 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- CHAKAND District- Gaya ====================================================== LALAN YADAV Son of Late Ramkhelawan Yadav R/v- Bahadur Bigha, P.S.- Chakand, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chakand P.S. Case No. 441 of 2022 dated 20.12.2022 registered for the offence under Sections 356 and 34 the Indian Penal Code and 30(a) and 37(2) of the Bihar Prohibition and Excise Act. .

Recovery is of 15 liters of Mahua liquor.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that it appears form the F.I.R. and the seizure list that nothing has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.14996 of 2023(2) dt.15-05-2023 2/3 rather the alleged recovery has been made from the motorcycle in question. He further contends that the petitioner has no concern at all with the alleged recovery and the motorcycle in question. He further contends that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 20.12.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya in connection with Chakand P.S. Case No. 441 of 2022 with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.14996 of 2023(2) dt.15-05-2023 3/3 by the Court below.

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

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T