Birendra Yadav @ Kuku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61969 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Birendra Yadav @ Kuku Yadav S/O Upendra Yadav R/O Village- Jankidih, P.S- Bannu Bagicha, Distt.- Lakhisarai.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 448, 341, 323, 385, 387, 504, 506, 34 of the Indian Penal Code and u/s 37 of Bihar Prohibition and Excise Amendment Act. As per prosecution case, the allegation against the petitioner that he in inebriated condition along with others assaulted the drivers of the informant by fists and slaps and demanded extortion money. It is further alleged that they also snatched Rs. 40,000/- from the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No specific allegation

Patna High Court CR. MISC. No.61969 of 2023(2) dt.15-09-2023 2/2 levelled against the petitioner rather general and omnibus allegation levelled against him. It is further submitted that no Breath Analyser Test was conducted and no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 4.07.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bannubagicha P.S. Case No. 17 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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