Lakshman Yadav @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31990 of 2023 Arising Out of PS. Case No.-383 Year-2021 Thana- NAWADA District- Nawada ====================================================== LAKSHMAN YADAV @ LAKSHMAN KUMAR S/O RAJO YADAV @ RAJENDRA PRASAD R/O Village- Nehaluchak, P.S and 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.Ram Sumiran Rai ====================================================== 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. 383 of 2021 dated 3.4.2021 registered for the offences punishable u/s 33, 34, 36 of the Bihar Prohibition and Excise Act.

As per the prosecution case, the informant purchased one pouch of liquor from one unknown person. After drinking the same, the informant became ill.

Patna High Court CR. MISC. No.31990 of 2023(2) dt.22-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner is an accused in 21 other criminal cases which are related to similar nature of offence and he is on bail in 15 cases. The petitioner is in custody since 7.4.2022.

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. 383 of 2021 with the following conditions :

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 cause, the bail bond of the petitioner is liable to be cancelled.

2. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to

Patna High Court CR. MISC. No.31990 of 2023(2) dt.22-05-2023 3/3 the petitioner.

3. If the petitioner is found involved in similar nature of offence in future, his bail bonds is liable to be cancelled. The application stands allowed.

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