Nagendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29111 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -JALALPUR District- SARAN ======================================================
1. Nagendra Kumar Singh S/o late Anirudh Singh Resident of Village- usti, P.S. Baniyapur, District Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in connection with Jalalpur P.S. Case No.75 of 2017 registered for the alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30 (A) of the Bihar Excise Act, 2016. As per the prosecution case, 99 liters of foreign liquor is said to have been recovered from a Bolero vehicle. The petitioner and one Sanjay Singh were apprehended sitting in the said vehicle.
It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. No
Patna High Court Cr.Misc. No.29111 of 2017 (02) dt.03-07-2017 2/2 incriminating article has been recovered from his conscious physical possession. Though the said wine was recovered from his vehicle but as a matter of fact the friend of petitioner, namely, Deovrat Singh had taken the vehicle for his use and called him to ride in the said vehicle. In the meantime, petitioner was apprehended by police and the said Deovrat Singh managed to escape. He has no concern with the seized wine. The petitioner has no criminal antecedent. He has been languishing in jail custody since 06.05.2017.
In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge, VIth, Saran at Chapra in connection with Jalalpur P.S. Case No.75 of 2017. (Prakash Chandra Jaiswal, J.) Trivedi/- U T