Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52689 of 2025 Arising Out of PS. Case No.-316 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== 1.

Nagendra Singh S/o Parmeshwar R/o Village - Koilaswa Bujurg, P.S. - Chaura Khave, District - Kushinagar (U.P.).

2.

Manish Kumar Pathak @ Manish Kumar S/o Ghanshyam Pathak R/o Village - Arna Uttar Tola, P.S - Mashrakh, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in a case registered under Section 317 (5) of Bharatiya Nyaya Sanhita and Sections 30(a) and 41(1) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, there is recovery of 35.280 litres of illicit liquor from the bag, tied with motorcycle, which was driven by co-accused Sahil Ansari @ Laddan. Allegation against these petitioners is that they were suppliers of the seized liquor.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case only on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.52689 of 2025(2) dt.18-08-2025 2/2 Sahil Ansari @ Laddan. Further submission is that petitioners have no concern either with the seized illicit liquor & motorcycle or with the apprehended co-accused. It is submitted that due to previous enmity, the apprehended co-accused Sahil Ansari @ Laddan dragged these petitioners in this case. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes 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 petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-XIII-cum-Special Excise Court No. 1, Gopalganj in connection with Kateya P.S. Case No. 316 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T