Lal Patwa@ Lok Nath Prasad @ Loknath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41758 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== Lal Patwa@ Lok Nath Prasad @ Loknath Kumar Son Of Din Dayal Prasad Resident Of Village- Baidnath Sahaya Lane, Manpur, Ps- Buniyadganj, DisttGaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 112.75 liters of foreign liquor is said to have recovered from a room situated besides stair of the house of the co-accused Durga Tanti and co-accused Meena Devi. He submits that allegation against the petitioner is that he along with other co-accused managed to ran away from the place of occurrence. He submits that there is no recovery made
Patna High Court CR. MISC. No.41758 of 2023(2) dt.04-08-2023 2/3 from the conscious possession of the petitioner. He further submits that petitioner has got three criminal antecedents in similar nature as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs. 40,000.00/- (Rupees Forty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Buniyadganj P.S. Case No. 104 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
Patna High Court CR. MISC. No.41758 of 2023(2) dt.04-08-2023 3/3
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T