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Patna High CourtCR. MISC./30787/2019allowed

Lal Bihari Yadav v. The State Of Bihar

2019-07-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30787 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== LAL BIHARI YADAV Son of Ram Charitra Ydav R/o Kumhrar Talabper, P.S.- Agamkuan, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

Petitioner seeks bail in connection with Agamkuan P.S. Case No. 209 of 2019, Special Case No. 2252 of 2019, for offences punishable under Sections 30(a) and 37(a) (b) and 37 (c) of the Bihar Prohibition and Excise Act, 2016 read with Sections 272 and 273 of the Indian Penal Code. The prosecution case as lodged by the police personnel is that as many as at three places raid was conducted and 9 persons were found in intoxicated condition and 18 persons were found with illicit liquor. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, has

Patna High Court CR. MISC. No.30787 of 2019(3) dt.05-07-2019 2/2 been falsely implicated in the aforesaid case and is languishing in judicial custody since 01.03.2019. He submits that the other co-accused have already been granted the privilege of bail in the aforesaid case by a coordinate Bench of this Court in Cr. Misc. No. 26015 of 2019 dated 03.05.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Patna in connection with Agamkuan Police Station Case No. 209 of 2019, Special Case No. 2252 of 2019. (Anjani Kumar Sharan, J) devendra/- U T