Narendra Kumar Singh @ Mantu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11352 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- SIKRAUL District- Buxar ====================================================== Narendra Kumar Singh @ Mantu Singh Son Of Birendra Singh R/V- Kasiya Ward No. 10, P.S- Dumraon, Dist- Buxar, At Present Resident Of Shanti Nagar, P.S- Buxar (Town) Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh For the Opposite Party/s :
Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 93.780 liters of foreign liquor is said to have recovered from the Bolero vehicle. He submits that the present F.I.R. was lodged on 25.10.2022 and in that day the petitioner has already been in jail custody since 10.10.2022 in Koran Sarai P.S. Case No. 119 of 2022 in which he was
Patna High Court CR. MISC. No.11352 of 2023(2) dt.25-04-2023 2/3 released on bail on 03.11.2022. Petitioner's name transpired in this case because the petitioner is the owner of the alleged Bolero vehicle. He further submits that petitioner has one criminal antecedent of similar nature as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sikraul P.S. Case No.116 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
Patna High Court CR. MISC. No.11352 of 2023(2) dt.25-04-2023 3/3
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) anand/- U T