Kewal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39448 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- KALER District- Jehanabad ====================================================== 1.

KEWAL SINGH S/O KARNAIL SINGH R/O Baba Jeevan Singh, Naya Police Chawki Rajpur Road PS. Nagar Police Chawki, Dist. Ludhiana (Punjab) 2.

CHHABIRAM SINGH S/O SOMBIR SINGH R/O Dola Ka Bangla, PS. Anupshahar, Dist. Buland Shahar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in connection with Kaler P.S. Case No. 43 of 2023 dated 23.3.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 1635 litres of liquor is alleged to have recovered from a truck. The petitioners are alleged to be the driver and the co-driver of the said truck.

Patna High Court CR. MISC. No.39448 of 2023(2) dt.05-07-2023 2/2 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the vehicle. The petitioners have got clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 15.2.2023.

Learned A.P.P. for the State has vehemently 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 bailbonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Kaler P.S. Case No. 43 of 2023.

The application stands allowed.

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