Lakshman Yadav @ Lakshman Kumar @ Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53398 of 2023 Arising Out of PS. Case No.-374 Year-2021 Thana- NAWADA District- Nawada ====================================================== Lakshman Yadav @ Lakshman Kumar @ Rajendra Prasad Son Of Rajo Yadav @ Rajendra Prasad R/O Village Nehaluchak, P.S. Nawada And District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 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 Nawada (Town) P.S. Case No. 374 of 2021 dated 02.04.2021 registered for the offences punishable u/ss 33, 34 and 36 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the informant's father died after consuming spurious liquor which was purchased from unknown miscreants.

Patna High Court CR. MISC. No.53398 of 2023(23) dt.25-08-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 18 other criminal cases out of which in 12 cases he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 05.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Nawada in connection with Nawada Town P.S. Case No. 374 of 2021with the conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.53398 of 2023(23) dt.25-08-2023 3/3 reasonable cause, his bail bonds are liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

8. The application stands allowed.

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