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2025 DAILYLAW 87912 (PAT)

Lalbabu Yadav v. The State of Bihar

CR. MISC./88330/2024 · 2025-01-28

Prabhat Kumar Singh

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88330 of 2024 Arising Out of PS. Case No.-384 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1 . Lalbabu Yadav S/O Shri Ramdev Yadav Village- Malbigha, Post Office- Dosut, Police Station- Noorsarai, District- Nalanda- 803110, Bihar 2. Satendra Kumar @ Satendra Yadav S/O Shri Ramdev Yadav Village- Malbigha, Post Office- Dosut, Police Station- Noorsarai, District- Nalanda- 803110, Bihar ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hira Sharma, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 28-01-2025 Heard learned counsel for the petitioner and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act 2016. 3 . It is alleged that 200 liters of mahua wine was recovered Near bank of river. 4. It is submitted that the petitioners are innocent and has falsely been implicated in this case . No incriminating material has been recovered from the conscious possession of the petitioner and they are no way connected with the aforesaid recovery. Petitioner No. 1 has got two criminal antecedent out of which one is of similar nature . Patna High Court CR. MISC. No.88330 of 2024(3) dt.28-01-2025 2/2 5 . Learned counsel for the State opposed the bail petition and submitted that petitioner No. 2 has got four criminal antecedents out of which two are of similar nature . 6. Considering the fact that petitioner No. 2 has got four criminal antecedents out of which two are of similar nature , the prayer for pre – arrest bail of petitioner No. 2 is rejected. 7. Considering the facts of the case and criminal antecedent of petitioner No. 1 , in the event of arrest/surrender within eight weeks from today, let the petitioner No. 1 , above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the larned ADJ IVth – cum- Exclusive Special Excise Court – II Nalanda at Biharsharif in connection with Noorsarai Police Station Case No. 384 of 2024 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T