Lalo Yadav @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78557 of 2019 Arising Out of PS. Case No.-280 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Lalo Yadav @ Lalu Yadav Son of Late Laxmi Yadav @ Lakshmi Yadav Resident of Village-Bela Shankar, P.S-L.N.M.U, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-06-2020 The matter has been taken up through virtual court proceeding.

Heard learned counsels for the petitioner and the State.

The petitioner, who is languishing in custody since 13.09.2019, has preferred the present application for grant of bail in a case registered for the offences punishable under Sections 272 and 273/34 of the IPC, Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018 and Sections 20 and 22 of the N.D.P.S. Act. The prosecution case, as per the self statement of Pawan Kumar Singh, Inspector-cum-S.H.O., University Police Station is to the effect that on 12.09.2019 at about 7.30 P.M., a

Patna High Court CR. MISC. No.78557 of 2019(5) dt.11-06-2020 2/3 secret information was received that co-accused Upendra Yadav and his brother Lalu Yadav, the petitioner have stored huge quantity of liquor, consequently, raid was laid and from the house of the petitioner and co-accused Upendra Yadav, 744 litres of Indian Made Foreign Liquor and 600 grams of ganja were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house. The investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned counsel for the State that the recovery has been made from the house of the petitioner. Considering the period under custody, investigation already being concluded and the petitioner having no criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned ADJ-IIcum-Special Judge (Excise), Darbhanga in connection with L.M.N. U. P.S. Case No. 280 of 2019.

However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail

Patna High Court CR. MISC. No.78557 of 2019(5) dt.11-06-2020 3/3 bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction of ADJ-II-cumSpecial Judge (Excise), Darbhanga in connection with L.M.N. U. P.S. Case No. 280 of 2019.

The learned Court below will be at liberty to extend the further period of provisional bail further if the court proceeding in physical mode will not resume in next three months.

(Dinesh Kumar Singh, J) Amrendra/- U T