Lalbabu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56545 of 2024 Arising Out of PS. Case No.-277 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Lalbabu Yadav S/O Ramdeo Yadav R/O Kawalhata, P.S- Mirganj, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and Section 24(1-b)a, 26, 35 of the Arms Act, 1959.

3. As per the prosecution case, one country made pistol, two cartridges and 2.800 litres of liquor was recovered from the possession of the petitioner.

4. Earlier the petitioner has been granted regular bail by this Court vide order dated 29.06.2021 passed in Cr. Misc. No. 15167 of 2021. Learned counsel for the petitioner submits that the petitioner was a law-abiding citizen and he had no intention of absconding from the trial, but in the meantime, his leg was fractured and he went to complete bed rest and, afterwards, police robed the petitioner in false case upon suspicion, and because of fear of apprehension, he has not

Patna High Court CR. MISC. No.56545 of 2024(2) dt.14-08-2024 2/2 appeared before the Court below for the statement under Section 313 of Cr.P.C., and, thereafter, N.B.W. was issued by the Court below, and bail of the petitioner was cancelled by the Court below.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has three criminal antecedent and has been languishing in custody since 02.05.2024.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mirganj P.S. Case No. 277 of 2019.

(Anjani Kumar Sharan, J) anand/- U T