Patna High CourtCR. MISC./49027/2023allowed

Nagendra Singh v. The State Of Bihar

2023-09-06Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49027 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- DIGHWARA District- Saran ====================================================== Nagendra Singh, Male, aged about 50 years, Son of Chakar Singh @ Sudarshan Singh, Resident of Village- Chakanur, P.S. Dighwara, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Dighwara P.S. Case No. 130 of 2023 dated 16.11.2023 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 34.05 litres of foreign liquor and 60 litres of country made liquor were recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that recovery is from the abandoned house of the petitioner where the petitioner or his family members are not residing. He further submits that petitioner was not apprehended on the spot

Patna High Court CR. MISC. No.49027 of 2023(3) dt.06-09-2023 2/2 and nothing has been recovered from his conscious possession. Petitioner has no concerned with the seized liquor and he has no criminal antecedent.

5. Learned APP opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Judge, Excise, Saran at Chapra in connection with Dighwara P.S. Case No. 130 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Anand Kr.

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