Lakshman Yadav @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58597 of 2023 Arising Out of PS. Case No.-602 Year-2020 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, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.12.2022 in connection with Nawada Town P.S. Case No. 602 of 2020, F.I.R. dated 110.07.2020 for the offences punishable under Sections 30(a), 30(d), 30(f), 33, 41 and 52 of the Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 5000 liters of Spirit.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Arvind Yadav. He further submits

Patna High Court CR. MISC. No.58597 of 2023(3) dt.26-09-2023 2/3 that nothing has been recovered from the possession of the petitioner and except the confessional statement of the coaccused, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the petitioner has been implicated in the present case due to his previous criminal antecedents. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.12.2022. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries 17 criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in 13 cases out of 17 cases.

6. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, 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 the learned Exclusive Special Excise Judge 1st, Nawada in connection with Nawada Town P.S. Case No. 602 of 2020, subject to the following conditions:-

Patna High Court CR. MISC. No.58597 of 2023(3) dt.26-09-2023 3/3 i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T