Patna High CourtCR. MISC./49089/2023bail granted

Lalan Kumar Yadav @ Lalan Kr. Yadav v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49089 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Lalan Kumar Yadav @ Lalan Kr. Yadav Son Of Jayprakash Yadav Resident Of Village- Chandrakhera, Ward No 3, Ps- Narpatganj, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Araria Excise P.S. Case No. 320 of 2022 dated 05.11.2022 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 792 litres of illicit liquor was recovered from the Tata Safari.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.49089 of 2023(2) dt.04-08-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.11.2022

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner was apprehended on the spot.

7. 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, Araria in connection with Araria Excise P.S. Case No. 320 of 2022.

8. The application stands allowed.

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