Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58652 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Ajay Yadav Son Of Gauri Shankar Yadav Resident Of Village -Dipau, PsKotwa, Distt- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59194 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Lalan Yadav Son Of Birbahadur Yadav@ Virbahadur Ray Resident Of Village -Dipau, Ps- Kotwa, Distt- East Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 58652 of 2023) For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sharda Kumari (In CRIMINAL MISCELLANEOUS No. 59194 of 2023) For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 304, 308, 328, 201/34 of the Indian Penal Code and Sections 33, 34, 37, 41 of the Bihar Prohibition and Excise Amendment Act.

Patna High Court CR. MISC. No.58652 of 2023(3) dt.04-12-2023 2/3

3. As per prosecution case, is that on 16.04.2023 the S.H.O., Turkauliya Police Station received information that some persons have fallen ill in mysterious circumstances under Turkauliya Jurisdiction and amongst them some died during the course of their treatment and the dead-bodies were creamated in haste.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are not named in the FIR and the same has been lodged against unknown persons. The name of the petitioners has come into light, on the basis of confessional statement of co-accused person, due to rivalry. Petitioners have no knowledge and no concern with the alleged recovered articles. Nothing incriminating articles have been recovered from the conscious possession of the petitioners. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 18.09.2023 passed in Cr. Misc. No. 59723 of 2023. They are languishing in judicial custody since 03.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.58652 of 2023(3) dt.04-12-2023 3/3 considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Turkauliya P.S. Case No. 466 of 2023.

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