Loha Singh @ Loha Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38472 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- MEHANDIGANJ District- Patna ====================================================== LOHA SINGH @ LOHA KEWAT Son of Devnarayan Kewat Resident of village - Ranipur Kalisthan math pur malaah toli, P.S. - Mehadiganj, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Mehadiganj P.S. Case No. 42 of 2023 dated 10.3.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 40 litres of liquor is alleged to have recovered from the house of the petitioner. Further, the petitioner fled away from the place of occurrence. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.38472 of 2023(2) dt.05-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in two other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 12.3.2023.
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 abovenamed, 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, Patna in connection with Mehadiganj P.S. Case No. 42 of 2023.
The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T