Patna High CourtCR. MISC./81081/2023allowed

Laxman Kumar Yadav @ Laxman Yadav v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81081 of 2023 Arising Out of PS. Case No.-566 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== LAXMAN KUMAR YADAV @ LAXMAN YADAV Son of Rajlal Yadav Resident of village - Yogia, P.S.- Ladniya, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 450 liters of illegal liquor and seven motorcycles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of disclosure by local Chaukidar. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in

Patna High Court CR. MISC. No.81081 of 2023(2) dt.15-12-2023 2/2 this case. He is languishing in judicial custody since 25.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 566 of 2019.

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