Patna High CourtCR. MISC./48749/2023bail granted

Laxman Kumar Singh @ Laxaman Singh v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48749 of 2023 Arising Out of PS. Case No.-458 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== LAXMAN KUMAR SINGH @ LAXAMAN SINGH Son of Babudhan Singh @ Baban Singh Resident of Village-Asni, Police Station-Udwantnagar, District-Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. 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.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 458 of 2023 dated 18.5.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 20 litres of illicit liquor and 3800 kgs. Of mahua pass is alleged to have recovered near the Asni Banas River. Further, the mahua pass was

Patna High Court CR. MISC. No.48749 of 2023(2) dt.09-08-2023 2/2 destroyed on the spot.

5. Learned counsel for the petitioner has submitted that 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 has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.5.2023 as stated in para 9 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Bhojpur at Ara in connection with Excise P.S. Case No. 458 of 2023.

8. The application stands allowed.

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