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Patna High CourtCR. MISC./39041/2023bail granted

Lalu Yadav v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39041 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== LALU YADAV, S/o- KEDAR SINGH, village- Chirapur Po- Ichari Ps- Aayar Dist-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Agion (Garahani) P.S. Case No. 31 of 2023 dated 18.02.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 110 litres of illicit liquor was recovered from a motorcycle which was being driven by the co-accused.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.39041 of 2023(2) dt.05-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case only on the confession statement of the local Chowkidar. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of 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, Bhojpur at Ara in connection with Agion (Garahani) P.S. Case No. 31 of 2023.

The application stands allowed.

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