Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19142 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Nagendra Kumar Son of Late Amrendra Singh Resident of Village - Bhaluahi, P.S.- Nokha, Dist.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s Mr. Vikram Deo Singh, Adv.

Mr. Sadanand Roy, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Excise Case No. 195 of 2020 (arising out of Mohania P.S. Case No. 65 of 2020) registered under sections 307, 353, 414 and 427 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received a large quantity of liquor being transported, checking was started and a swift car was signalled to stop. The said vehicle made an attempt to escape but was caught. The petitioner happens to be one of the three occupants

Patna High Court CR. MISC. No.19142 of 2020(2) dt.03-06-2020 2/3 of the car. It is stated that 111.78 litres of IMFL was recovered. It is submitted by learned counsel for the petitioner that no person was injured, there was no recovery of any incriminating article and the petitioner has been falsely implicated in this case. It is further submitted that the petitioner has no concern with the said vehicle. He has no criminal antecedent and is in custody since 2.3.2020 and chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent, he being in custody since 2.3.2020 and the investigation having concluded, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Excise Case Case No. 195 of 2020 (arising out of Mohania P.S. Case No. 65 of 2020) on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III-cum-Special Judge, Excise, Kaimur at Bhabhua. (Partha Sarthy, J) sushma/- U T

Patna High Court CR. MISC. No.19142 of 2020(2) dt.03-06-2020 3/3