Lakshman Yadav @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13574 of 2023 Arising Out of PS. Case No.-682 Year-2021 Thana- NAWADA District- Nawada ====================================================== Lakshman Yadav @ Lakshman Kumar Son Of Rajo Yadav @ Rajendra Prasad R/O Village- Nehaluchak, P.S. And District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 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 sections 33, 34, 36 of the Bihar Prohibition and Excise Act, 2016. According to FIR, it is alleged that one person namely, Shailendra Yadav @Salo Yadav died due to due to consumption of spurious liquor. The petitioner is alleged to be indulged in illegal trade of spurious liquor. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of confessional statement of co-accused Arvind Kumar. Neither the petitioner has concern

Patna High Court CR. MISC. No.13574 of 2023(3) dt.13-07-2023 2/2 with the alleged offence nor any incriminating article has been recovered from his conscious possession. During course of investigation, no any consistent material has come on recorded which suggests his complicity in the alleged offence. As a matter of fact, the petitioner was remanded in this case from another and languishing in judicial custody since 11.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Town P.S. Case No. 682 of 2021 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 Judge-1st, Nawada.

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