Lalu Samrat @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34334 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- DHANGAI District- Bhojpur ====================================================== 1.

LALU SAMRAT @ LALU YADAV Son of Dara Singh @ Dara Mukhiya @ Dara Yadav @ Manjhi Singh Resident of Village - Anadhari, P.S.- Tiyar, Distt.- Bhojpur.

2.

Pappu Smarat @ Pappu Yadav Son of Dara Singh @ Dara Mukhiya @ Dara Yadav @ Manjhi Singh Resident of Village - Anadhari, P.S.- Tiyar, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar,Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 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 Dhangai P.S. Case No. 54 of 2021 registered for the offence under Section 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 16.11.2021.

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

Patna High Court CR. MISC. No.34334 of 2022(2) dt.12-08-2022 2/2 recovery of 20 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery is made from the open place like forests It has been submitted that investigation is complete, where charge-sheet has been submitted.

Learned APP, while opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner 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 Dhangai P.S. Case No. 54 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.1, Bhojpur, Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- Ravishankar/- U