Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89312 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- Jagdishpur District- West Champaran ====================================================== Lalu Kumar Yadav Son of Manoj Yadav Resident of Vill- Maduahan, P.S.- Nautan, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jagdishpur P.S. Case No. 97 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 3.75 litres of foreign liquor has been recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from motorcycle of the petitioner. Learned counsel further
Patna High Court CR. MISC. No.89312 of 2024(2) dt.09-01-2025 2/2 submitted that when the petitioner was going home, the police party stopped him and demanded illegal money and when the petitioner did not pay the money, they implicated the petitioner in the present case. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 30.09.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jagdishpur P.S. Case No. 97 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T