Loha Yadav @ Abhay Singh @ Loha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77328 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Loha Yadav @ Abhay Singh @ Loha Singh S/O Gupteshwar Singh Resident of Village-Masarhiya, P.S. Murar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Buxar Nawanagar P.S. Case No. 107 of 2024, instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 500 liters spirit along with other articles which is used for manufacturing liquor was recovered from the house of Manoj Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Chandan Kumar. The petitioner has got no concern with the alleged recovery of spirit. The recovery of

Patna High Court CR. MISC. No.77328 of 2024(2) dt.25-10-2024 2/3 liquor has been made from the house of Manoj Yadav. The petitioner is in custody since 10.09.2024 and has got twenty-one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. The co-accused person has already been granted bail by this Bench vide order dated 15.05.2024 passed in Cr. Misc. No. 36528 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Nawanagar P.S. Case No. 107 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.77328 of 2024(2) dt.25-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T