Lal Badan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70718 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Lal Badan Yadav, aged about 51 years, Gender-Male, Son of Late Vishwanath Yadav, Resident of Village - Dhanaipur, P.S.- Rasra, District - Balia, Uttar Pradesh.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Doriganj P.S. Case No. 153 of 2024 dated 21.07.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 173.52 litres of illicit foreign liquor was recovered from the car in question.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come in the present case as the petitioner is the registered owner of the said car but the said car was already sold by the petitioner to Rohit Kumar,

Patna High Court CR. MISC. No.70718 of 2024(3) dt.25-10-2024 2/2 Ballia and he has no concern with the alleged offence. No incriminating article has been recovered from his possession. The other co-accused persons Arjun Chauban and Indrajeet Rajbhar @ Indrajeet Rai have already been granted bail by a Bench of this Court vide Cr. Misc. No. 68086 of 2024 under order dated 24.09.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Doriganj P.S. Case No. 153 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T