Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.875 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== Nagendra Kumar Son of Ramashish Singh Resident of Village- Sakhuana, P.S.- Sahar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so.

The petitioner seeks bail in Kutumba PS Case No 151 of 2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Oblivious of the contents of the material which his friend asked the petitioner to carry in his vehicle, he has been apprehended with total 261.900 litres of Indian made Foreign liquor in his vehicle.

It is submitted that the petitioner has become a victim of the circumstances. The allegations regarding the recovery of illicit liquor from the petitioner is false. He is in custody since 04.09.2020 and prior to the instant case, he has no criminal antecedents.

Patna High Court CR. MISC. No.875 of 2021(2) dt.19-03-2021 2/2 The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, 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 Additional Sessions Judge VII-cum -Special Judge Excise Act, Aurangabad, in connection with Kutumba PS Case No 151 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T