Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1092 of 2021 Arising Out of PS. Case No.-345 Year-2020 Thana- MANER District- Patna ====================================================== NAVIN KUMAR SON OF RAJ KISHORE SINGH @ RAJ KISHOR RAI RESIDENT OF CHHITNAWA, P.S. - MANER, DISTRICT - PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 02.01.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Special Case No. 4287 of 2020, arising out of Maner P.S. Case no. 345 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accusation is that in course of patrolling duty, when the informant and other Police personnel reached near the Mamta brick-kilns at the dam of Ganga river then saw several cartons of sack lying there, where some persons were also present. On seeing the Police party, all persons started fleeing.

Patna High Court CR. MISC. No.1092 of 2021(2) dt.27-08-2021 2/2 In the light of torch, the local Chowkidar identified four persons, namely, Lalu Rai, Suman Kumar, Tiwari @ Manoj Kumar and Navin Kumar (Petitioner). The local Chowkidar also disclosed that the aforesaid persons are indulged in illicit liquor business since before. On search of cartons, several bottles of Indian Made Foreign Liquor in volume of 1062 litres recovered.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot. Further submission is that petitioner has falsely been implicated in this case by the local Chowkidar due to dirty village politics. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 4287 of 2020, arising out of Maner P.S. Case no. 345 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T