Allowed

Lalan Yadav v. the State of Bihar

Patna HC3 Aug 2021CR. MISC./16686/2021

Case brief

AI extract

What is this about?

Allowed the petitioner's application for anticipatory bail in an excise case involving spirit recovery where the petitioner was not the truck owner. Granted release on personal bond upon arrest/surrender within twelve weeks to be followed by bonds with sureties after normalcy.

What did the court decide?

Petitioner released on anticipatory bail on personal bond if arrested/surrenders within twelve weeks; to furnish bond of Rs. 10,000 with two sureties within eight weeks after normalcy.

Lalan Yadav Vs the State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16686 of 2021

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Arising Out of PS. Case No.-544 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran

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======================================================

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LALAN YADAV, aged about 35years, Male, S/o Bhagat Ray, Resident of Village- Dipau, P.S.- Kotwa, District- East Champaran.

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... ... Petitioner

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Versus

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THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pramod Kumar Pandey, Advocate. For the Opposite Party : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 03-08-2021

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

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The petitioner is apprehending his arrest in connection with Excise Case No. 544 of 2019 for the offence registered under Sections 30(a) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution story, in brief, is that total 805 liters spirit is recovered from the Truck in question.

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It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

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Patna High Court CR. MISC. No.16686 of 2021(2) dt.03-08-2021 2/3

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present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 805 liters spirit is recovered from the Truck in question. The petitioiner is not the owner of the Truck in question. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

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Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned 9^th Additional Sessions Judge-cum-Special Judge, Excise Act, East Champaran at Motihari, in connection with Excise Case No. 544 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Patna High Court CR. MISC. No.16686 of 2021(2) dt.03-08-2021 3/3

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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U.K./- U T

Lalan Yadav v. the State of Bihar

Case brief

What is this about?

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Lalan Yadav v. the State of Bihar

Case brief

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