Balwant Singh @ Balwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33733 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- SURYAPURA District- Rohtas ====================================================== BALWANT SINGH @ BALWANT KUMAR Son of Late Dhan Jee Singh Resident of village - Kosanda, P.O. - Kowath, P.S. - Suryapura, Distt. - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner 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 petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Suryapura P.S. Case No. 141 of 2022 dated 02.11.2022 registered for the offences punishable u/s 30(a), 30(D) of the Bihar Prohibition & Excise Amendment Act 2018. As per the prosecution case, the petitioner is involved in the illegal business of manufacturing and selling liquor. A raid was conducted by the police. On seeing the police, the petitioner and the co-accused persons fled away from the place of occurrence. On search, total 60 litres of country made liquor, 2 old aluminium tasla,

Patna High Court CR. MISC. No.33733 of 2023(2) dt.24-05-2023 2/2 one iron stone, 2 big gas cylinder, one blue colour empty jar and one 5 feet long pipe have been recovered.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has neither concern with the said recovery nor the said land belongs to him. The name of the petitioner transpired in this case only on the suspicion. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2023 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sasaram in connection with Suryapura P.S. Case No. 141 of 2022.

The application stands allowed.

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