Shailesh Kumar @ Loha Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61242 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== SHAILESH KUMAR @ LOHA SINGH Son of Ganesh Datt Sharma Resident of Village - Ghoshwari, P.S.- Bakhtiyarpur, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binit Kumar, Adv.
For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, on a raid being conducted, four accused persons including one Mihir Kumar Jha was arrested and on enquiry, they disclosed that the owner of the hotel was Loha Singh (the petitioner). It is further stated that the arrested accused disclosed that in the background of hotel business, they are dealing in liquor.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. From the contents of the F.I.R. itself, it would transpire that the
Patna High Court CR. MISC. No.61242 of 2021(2) dt.11-04-2022 2/2 co-accused Mihir Kumar Jha accepted that he had taken the hotel premises on rent from the petitioner. The petitioner is in custody since 14.7.2021 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot, having remained in custody for nearly 9 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Bakhtiyarpur P.S. Case no.64 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.
(Partha Sarthy, J) Saurabh/- U T