Narsingh Singh @ Narsingh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5596 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Narsingh Singh @ Narsingh Mahto S/O Kapildeo Mahto Resident of VillageNaya Tola, Bangari, P.S- Jadopur, District- Gopalganj. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dharmveer, Advocate For the State :
Md. Nazir Ansari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Jadopur P.S. Case No. 186 of 2024, dated 16.11.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. The prosecution case as emerges from the FIR is that 10.440 liter of liquor has been recovered from the motorcycle bearing registration no. BR29AL6341 and 18 liter liquor has been recovered from another motorcycle bearing registration no. BR28J0507 and as per the allegation, the driver of the vehicle fled away seeing the police.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5596 of 2025(2) dt.15-02-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was neither owner nor driver of the vehicle and the case against him has been filed only on the basis of suspicion and there is no cogent evidence against him.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeXIII-cum-Special Excise Court No.I, Gopalganj, in connection with Jadopur P.S. Case No. 186 of 2024, subject to the
Patna High Court CR. MISC. No.5596 of 2025(2) dt.15-02-2025 3/3 conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T