Lallu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29864 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- LADANIA District- Madhubani ====================================================== LALLU KUMAR YADAV S/o Ram Dev Yadav Resident of Village, P.O. and P.S.f- Ladaniyan, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Ladania P.S. Case No. 23 of 2022 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Sectioin 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 31.01.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 111.00 litres of Nepali liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.29864 of 2022(2) dt.05-08-2022 2/2 submitted that petitioner found running away from the place of recovery, he was apprehended on the basis of suspicion, where no illicit liquor was recovered from his physical possession. It is submitted that petitioner is a man of clean antecedent. It has been submitted that investigation is complete, where chargesheet has been submitted. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ladania P.S. Case No. 23 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T