Lalan Prasad Yadav @ Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56553 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== LALAN PRASAD YADAV @ LALAN YADAV, Male, aged about 22 years, S/o Mebi Yadav @ Motilal Yadav, R/o Village- Baliari, P.S.- Pakribarawan, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Informant who is a police officer has alleged in his written complaint that on confidential information that some illicit liquor has been kept on a truck, he reached said place and found the truck from which 4077 liters of foreign liquor was recovered.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. Petitioner is not named in the FIR and he has been implicated in this case on

Patna High Court CR. MISC. No.56553 of 2019(3) dt.29-11-2019 2/3 the basis of confession of the owner of the truck. It is submitted that the owner of the truck and other accused named in the FIR has been granted bail by another co-ordinate bench of this court as contained in Annexure-2. Petitioner has no criminal antecedent and is in custdoy since 17.07.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District-Judge-II-cum Special Judge, Nawada, in connection with Akbarpur P.S. Case No. 168 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.56553 of 2019(3) dt.29-11-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T