Nagendra Prasad @ Nagendra Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29687 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- JAMOBAZAR District- Siwan ====================================================== NAGENDRA PRASAD @ NAGENDRA PAL S/o Vishwanath Prasad Resident of Village- Pachpatiya Barhoga, P.O.- Hariharpur Kala, P.S.- Jamo Bazar, District- Siwan.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Dubey For the Opposite Party/s :
Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 272, 273, 308/34 of the Indian Penal Code and Section-30(a) of the Bihar Prohibition and Excise Act,
Patna High Court CR. MISC. No.29687 of 2020(2) dt.10-12-2020 2/3 2016.
The prosecution case, in short, is that 327 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 327 liters wine is recovered from the field of co-accused Naresh Mahto, Kashinath Singh and Nand Kishore Singh. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeII-cum-Special Judge, Excise Act, Siwan in connection with Jamo Bazar P.S. Case No. 219 of 2019, subject
Patna High Court CR. MISC. No.29687 of 2020(2) dt.10-12-2020 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T