Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5901 of 2023 Arising Out of PS. Case No.-682 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

MOHAN SINGH, Son of Bhawar Singh Rajput, Resident of village - Iswal, P.S.- Gokunda, District - Udaypur (Rajasthan) 2.

Kanwar Lal Gurjar, Son of Ukar Lal, Resident of village - Pandeda, P.S.- Badi Sadari, District - Chittorgarh (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with Daudnagar P.S. Case No. 682 of 2022 dated 06.12.2022 registered for the offences punishable u/ss 414, 420, 468, 471 and 120B of the Indian Penal Code and u/ss 30(a), 32(2) (3), 41(1) (2) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 4014.36 litres of illicit foreign liquor was recovered from the truck which was driven by the petitioner no. 1 Mohan Singh and the petitioner no. 2 is the co-

Patna High Court CR. MISC. No.5901 of 2023(2) dt.05-05-2023 2/2 driver of the said truck.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that the recovery was not made from their possessions. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.12.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Daudnagar P.S. Case No. 682 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T