Laxmi Rai @ Lakshmi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60504 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== LAXMI RAI @ LAKSHMI KUMAR YADAV S/o LATE SAKAL DEV RAI R/o VILLAGE-SHEKHPURA, P.S- AHIYAPUR, DISTRICTMUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard Yogesh Chandra Verma, the learned senior counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 60 of 2021 for the offence registered under Sections 272, 273, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and the name of the petitioner has transpired in the present case on the basis of the confessional statement made by the driver of the truck in question. The learned senior counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 16.08.2021. The learned senior counsel for the petitioner

Patna High Court CR. MISC. No.60504 of 2021(2) dt.16-12-2021 2/2 has further submitted that the truck in question does not belong to the petitioner and no illicit liquor has been recovered from the conscious possession of the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned senior counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any liquor has been recovered from the conscious possession of the petitioner nor the petitioner is stated to be the owner of the truck in question, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Ahiyapur P.S. Case No. 60 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T