Nagendra Prasad @ Nagendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33083 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== NAGENDRA PRASAD @ NAGENDRA SAH, aged about 48 years (Male), Son of Bigu Sah, Resident of Village-Mai Asthan, Bairgania, P.S.- Bairgania, District - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Kumar, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioner is apprehending his arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 81 liters wine is said to have been recovered from the Motorcycle in question.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.33083 of 2020(2) dt.22-02-2021 2/3 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 81 liters wine is recovered from the Motorcycle in question. The Motorcycle in question does not belong to the petitioner. The name of the petitioner has come in the present case on the basis of disclosure made by the local Choukidar. The petitioner has not been apprehended on the spot. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. 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 of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-2nd-cum-Special Judge, Excise, Sitamarhi, in connection with Bairgania P.S. Case

Patna High Court CR. MISC. No.33083 of 2020(2) dt.22-02-2021 3/3 No. 302 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T