Narendra Singh Lodhi @ Narendra Lodhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21946 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Narendra Singh Lodhi @ Narendra Lodhi Rati Ram Singh Lodhi @ Rati Ram @ Ratiram House No 615/16, Nand Bag Colony, Tikariya Road Indore, PsIndore Dist- Indore, M.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Musarigharari P.S. Case No. 171 of 2022 dated 11.10.2022 registered for the offences punishable under Sections 420, 467 and 468 of IPC and Sections 30(a), 36 and 41(1) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 2932.56 litres of Indian made English wine and the same is stated to have been recovered from a truck and as per allegation the petitioner was found sitting in the said truck at the time of recovery but infact, the petitioner was present in the said truck as it's driver and he was carrying the loaded articles in the said truck in following with the instructions given by one namely, Tiyagi Jee,

Patna High Court CR. MISC. No.21946 of 2023(2) dt.11-05-2023 2/2 resident of Transport Nagar, Delhi and petitioner was bonafidely discharging his duty and he had no knowledge of the loaded liquor and on seeing the police party he did not make any attempt to flee, which also shows his bonafide intention. Further submissions are that the petitioner has been languishing in jail since 12.10.2022 and against him the investigation has been completed and he has fair and clean antecedent.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent, his custody period, his profession and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail, after framing of charge, if the same has not been framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Musari-gharari P.S. Case No. 171 of 2022. (Shailendra Singh, J) Shahnawaz/- U T