Loha Singh @ Rajesh Singh @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50345 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -ATRI District- GAYA ======================================================

1. Loha Singh @ Rajesh Singh @ Rajesh Kumar S/o late Gopal Singh R/o Vill- Jethiyan, P.S. Atri, Distt. Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 The petitioner seeks regular bail in connection with Atri P.S. Case No. 267 of 2017, registered for offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Police on information that some persons are making country made liquor, raided the place and arrested two persons and others managed to flee away and the apprehended persons disclosed the name of petitioner and on search from the possession of arrested person one country made pistol and ten cartridges were recovered.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of disclosure made by the apprehended person and nothing has been

recovered from the possession of the petitioner and he has been in judicial custody since 26.05.2018.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Atri P.S. Case No. 267 of 2017, subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail .

(Vinod Kumar Sinha, J) sunil/- U T