Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52545 of 2022 Arising Out of PS. Case No.-163 Year-2019 Thana- BARH District- Patna ====================================================== Lalan Yadav S/O Sri Yogendra Yadav Resident Of Village- Gulabbagh, Naya Tola, P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Manglam For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barh P.S. Case no. 163 of 2019 instituted for the offence under Sections 147, 148, 149, 307, 353, 120B, 323 of the Indian Penal Code, Section 25(1-b)A, 26, 27, 35 of the Arms Act and Section 30(a), 38, 41 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 85 liters illicit India made foreign liquor and loaded country made pistol. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with

Patna High Court CR. MISC. No.52545 of 2022(2) dt.15-11-2022 2/2 the alleged recovery of country made liquor and loaded pistol or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused persons. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barh P.S. Case no. 163 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Barh, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T