Ram Dular Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65449 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- LOHRA District- Kaimur (Bhabua) ====================================================== 1.

Ram Dular Singh Son Of Lakshman Singh @ Laxan Singh Resident Of Village - Kadahar Khkurd, P.S. - Lohara, District - Kaimur (BHABUA) 2.

Mahendra Singh Son Of Lakshman Singh @ Laxan Singh Resident Of Village - Kadahar Khkurd, P.S. - Lohara, District - Kaimur (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sunil, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Lohara P.S. Case No. 14 of 2023 dated 23.07.2023 registered for the offences punishable u/ss 30(a), 36(c), (d) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 72 litres of country made mahua liquor and the liquor manufacturing apparatus were recovered near the Durgawati river.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The name of the petitioners was disclosed by local Chowkidar.

Patna High Court CR. MISC. No.65449 of 2023(2) dt.08-11-2023 2/2 No incriminating article has been recovered from the possession of the petitioners. The petitioners have no concern with the alleged recovery rather the recovery has been made from an open place. The petitioners have one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Kaimur (Bhabua) in connection with Lohara P.S. Case No. 14 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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