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Patna High CourtCR. MISC./4834/2025disposed

Nagendra Singh @ Nagen Singh v. The State Of Bihar

2025-02-12Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4834 of 2025 Arising Out of PS. Case No.-11 Year-2020 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== 1 . Nagendra Singh @ Nagen Singh Son Of Vishwanath Singh Resident Of Village - Ahirauli Dan, P.S. - Tareya Sujan, District- Kushinagar (U.P.) 2.

Santosh Singh Son Of Vishwanath Singh Resident Of Village - Ahirauli Dan, P.S. - Tareya Sujan, District- Kushinagar (U.P.) 3 . Arvind Kumar Rai @ Arvind Rai Son Of Satan Rai Resident Of Village - Tareya Sujan, P.S. - Tareya Sujan, District- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a), 32 ( 2 ), 41 (1) of Bihar Prohibition and Excise Amendment Act 2018 .

3. It is alleged that 336.600 liters of country made

Patna High Court CR. MISC. No.4834 of 2025(2) dt.12-02-2025 2/3 foreign liquor was recovered from Maruti Suzruki Wagon bearing Reg. MH01MA0302.

4. It is submitted that the petitioners are innocent and have falsely been implicated in this case . Petitioners are neither driver nor owner of seized vehicle . No incriminating material has been recovered from the conscious possession of these petitioners and they are no way connected with the aforesaid recovery. Petitioner Nos. 2 and 3 claim clean antecedent. 5 . Learned counsel for the State opposed the bail petition and submitted that petitioner No. 1 has got 4 criminal antecedent of similar nature .

6. Considering the fact that petitioner No. 1 has got 4 criminal antecedent of similar nature , his prayer for pre - arrest bail is hereby rejected.

7. Considering the facts of the case , clean antecedent of petitioner Nos. 2 and 3 in the event of arrest/surrender within eight weeks from today , let the petitioner Nos. 2 and 3 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV - cum- Exclusive Special Excise Court No. II, Gopalganj in connection with Vishambharpur Police

Patna High Court CR. MISC. No.4834 of 2025(2) dt.12-02-2025 3/3 Station Case No. 11 of 2020 , subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T