Lal Deo Yadav @ Lal Deb Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82260 of 2019 Arising Out of PS. Case No.-479 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== LAL DEO YADAV @ LAL DEB YADAV Son of Late Lakshman Yadav @ Laxmi Narayan Yadav Resident of Village-Khaira-Math, P.S.-Jay Nagar, District-Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on search being conducted 9 litres of Nepali liquor is said to have been recovered from motorcycle of the petitioner. It is further stated that on seeing the petitioner's motorcycle being searched, three accused persons escaped. It is stated that a total 148 litres of Nepali liquor was recovered. It is submitted by learned counsel for the petitioner that no recovery whatsoever has taken place from the

Patna High Court CR. MISC. No.82260 of 2019(2) dt.11-12-2019 2/2 motorcycle of the petitioner who is a daily labourer and has no concern with the seized article. It is further stated that as the accused persons escaped, the petitioner has been falsely implicated in this case. The petitioner is in custody since 23.09.2019.

Having heard learned counsel for the parties and taking into consideration the above stated fact including the fact of quantity of recovery from the petitioner, the petitioner being in custody since 23.09.2019 and having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IInd-cum-Special Judge (Excise) Act, Madhubani in connection with Jai Nagar P.S. Case No.479 of 2019.

(Partha Sarthy, J) Prakash Narayan U T