Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37591 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- BANSHI District- Jehanabad ====================================================== Lalu Yadav S/O Late Kail Yadav @ Late Satyendra Yadav R/O VillageMubarakpur, PS- Banshi, Dist-Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hastina Pratap, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard Mr. Hastina Pratap, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2.

The petitioner seeks bail in connection with Banshi PS Case No. 52 of 2024 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 70 liters country made liquor was recovered from plastic sac under a tree.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.37591 of 2025(3) dt.26-06-2025 2/3 no concern with the alleged recovery of liquor. It is submitted that petitioner was not arrested on the spot and his name has surfaced in this case on the disclosure made by local chowkidar. Learned counsel for the petitioner further submits that recovery is made from an open place, which is accessible to public at large. The petitioner is in custody since 28-02-2025 and has got five criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banshi PS Case No. 52 of 2024, subject to the following condition/s:- (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.37591 of 2025(3) dt.26-06-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T