Lakshman Yadav @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61251 of 2023 Arising Out of PS. Case No.-740 Year-2021 Thana- NAWADA District- Nawada ====================================================== LAKSHMAN YADAV @ LAKSHMAN KUMAR S/O RAJO YADAV @ RAJENDRA PRASAD R/O VILLAGE- NEHALUCHAK, PS. AND DIST. NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 33, 34 and 36 Bihar Prohibition and Excise Act.

3. As per prosecution case, the brother of the informant and maternal uncle celebrated Holi, in the evening, maternal uncle and when his brother returned after cremation and having taken meal started vomiting and died, thereafter U.D. case has been registered and converted into FIR.

Patna High Court CR. MISC. No.61251 of 2023(2) dt.18-09-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. The petitioner is not named in the FIR and the same has been lodged against unknown persons. Nothing incriminating article has been recovered from his conscious possession. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 04.09.2023 passed in Cr. Misc. No. 5252 of 2023. Petitioner has remanded in this case from another case on 07.01.2023. and since then he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada P.S. Case No. 740 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.61251 of 2023(2) dt.18-09-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below. (Sunil Kumar Panwar, J) arish/- U