Patna High CourtCR. MISC./52929/2023bail granted

Narendra Singh @ Nagendra Singh @ Narndra Singh v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52929 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== NARENDRA SINGH @ NAGENDRA SINGH @ NARNDRA SINGH SON OF MUNDRIKA SINGH RESIDENT OF VILLAGE - QUARTOR NO.3 - 228 SECTOR - 2 / C, POST - SECTOR - 2 H.P.O, P.S. - BOKARO STILL CITY, DISTRICT - BOKARO JHAARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kahkashan Alam For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Malaypur P.S. Case No. 57 of 2021 (G.R. no. 1043 of 2021) dated 9.4.2021 registered for the offences punishable u/s 272, 373 read with Section 34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, on search, 2160 litres of illicit liquor and one mobile phone are alleged to have

Patna High Court CR. MISC. No.52929 of 2023(2) dt.24-08-2023 2/3 recovered from the truck which was being driven by the driver.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is the owner of the said vehicle. The name of the petitioner has sprung up in the confessional statement of co-accused. The petitioner is accused in 5 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 1.6.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Malaypur P.S. Case No. 57 of 2021 (G.R. No. 1043 of 2021) with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.52929 of 2023(2) dt.24-08-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T