Patna High CourtCR. MISC./61806/2023allowed

Lalbabu Yadav v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61806 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Lalbabu Yadav Son Of Ram Ayodhya Yadav R/O Khaira Tola Ps- Nautan, Dist- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 section 30(A) of the Bihar Prohibition and Excise Act.

3. As per FIR, the petitioner along with co-accused is alleged to have apprehended with two motorcycles from where, 43.6 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. It is further submitted that petitioner has no concern with the alleged recovery of illicit liquor and so far as seized motorcycle is

Patna High Court CR. MISC. No.61806 of 2023(2) dt.15-09-2023 2/2 concerned from where the petitioner was arrested, the same belongs to his son. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 5.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of petition, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 268 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 Special Judge, Exclusive Excise, Bettiah.

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