Laxman Yadav @ Laxman Kumar @ Lakshman Yadav @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31961 of 2023 Arising Out of PS. Case No.-376 Year-2021 Thana- NAWADA District- Nawada ====================================================== LAXMAN YADAV @ LAXMAN KUMAR @ LAKSHMAN YADAV @ LAKSHMAN KUMAR Son of Rajo Yadav @ Rajendra Prasad Resident of village - Nehaluchak, P.S. - Nawada, Distt. - 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 CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nawada (Town) P.S. Case No. 376 of 2021 dated 2.4.2021 registered for the offences punishable u/s 33, 34 of the Bihar Prohibition and Excise Act. As per the prosecution case, the informant's husband is alleged to have died due to drinking of spurious liquor which

Patna High Court CR. MISC. No.31961 of 2023(2) dt.22-05-2023 2/3 was purchased from the one Usha Devi.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of co-accused, Usha Devi. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 18 other criminal cases and he is on bail in 15 criminal cases as stated in para 3 of the bail petition. There is nothing against the petitioner except the criminal antecedents. The petitioner is in custody since 5.1.2020. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada (Town) P.S. Case No. 376 of 2021 with the condition :

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.31961 of 2023(2) dt.22-05-2023 3/3 cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T