Nanku Kumar @ Nakul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46986 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Nanku Kumar @ Nakul Kumar S/O Vimlesh Singh @ Bimlesh Singh R/O Village- Kundal, Ps. Singhiya, Dist. Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail, who is in custody since 04.05.2023 in connection with Singhiya P.S. Case No. 96 of 2023, F.I.R. dated 03.05.2023 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of total 915.42 liters of Indian Made Foreign Liquor from the hut of Dharmendra Sah.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession or the house of the petitioner rather the recovery has been made from the hut of co-
Patna High Court CR. MISC. No.46986 of 2023(2) dt.02-08-2023 2/3 accused namely, Dharmendra Sah. He further submits that petitioner has no concern at all with the alleged recovery of illicit liquor and the petitioner is in custody since 04.05.2023.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-1, Samastipur in connection with Singhiya P.S. Case No. 96 of 2023, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the
Patna High Court CR. MISC. No.46986 of 2023(2) dt.02-08-2023 3/3 prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T