Lala Yadav @ Lal Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52805 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- AMAS District- Gaya ====================================================== LALA YADAV @ LAL BABU YADAV S/o NARAYAN YADAV R/o VILLAGE-DELHO, P.S-BANKEY BAZAR, DISTRICT-GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Amas P.S. Case No. 179/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, as per the First Information Report, is that the Police intercepted Motorcycle of the petitioner and recovered 10 litres country made liquor, 2 Kg. Nausadar and one plastic drum having capacity of 200 litres. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police

Patna High Court CR. MISC. No.52805 of 2021(2) dt.06-05-2022 2/2 with oblique motive. He further submits that the petitioner is not the owner of Motorcycle from where the illicit liquor has been recovered. The petitioner is in custody since 17.7.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 17.7.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd -cumSpecial Judge, Excise Act, Gaya, in connection with Amas P.S. Case No. 179 of 2021.

(Anil Kumar Sinha, J) S.Ali/- U T