Lalan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72457 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Lalan Yadav Son Of Bir Bahadur Yadav Resident Of Village - Dipau, P.S. - Kotwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 141 of 2023, registered for the offences punishable under Sections 304, 308, 328, 201 and 34 of the Indian Penal Code and subsequently added Sections 30(a), 34, 37 and 41 of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, five persons have fallen sick after consuming spurious material and later on they
Patna High Court CR. MISC. No.72457 of 2023(4) dt.12-02-2024 2/3 died during the course of treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his three criminal antecedent. He further submits that the petitioner has committed no offence and he is not named in the FIR and during the investigation as per the confessional statement of co-accused Rajesh Sahni, the allegation is made out against the petitioner that he is the supplier of liquor. He also submits that there is no post-mortem report to suggest that deceased have died due to consumption of spurious liquor. He further submits that similarly situated co-accused, namely, Ajay Yadav @ Ajay Kumar Yadav has already been granted bail by a Co-ordinate Bench of this Court vide order dated 08.11.2023 passed in Cr. Misc. No. 72042 of 2023. He also submits that the petitioner is in jail custody since 27.07.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive
Patna High Court CR. MISC. No.72457 of 2023(4) dt.12-02-2024 3/3 Special Excise Court No.-1, East Champaran, Motihari or Concerned Court Below in connection with Sugauli P.S. Case No. 141 of 2023.
(Sunil Dutta Mishra, J) ashishkr/- U T