Navin Kumar Sadai @ Navin Saday @ Navin Kumar @ Naveen Kr. Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57158 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== NAVIN KUMAR SADAI @ NAVIN SADAY @ NAVIN KUMAR @ NAVEEN KR. SADAI Son of Siya Ram Sadai @ Siyaram Saday Resident of Village-Makhna, P.S.-Andhramath, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 567 liters of illegal Nepali liquor from the white colour bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized wine. The provision of Section 100 of the Cr.P.C. has not

Patna High Court CR. MISC. No.57158 of 2023(2) dt.08-09-2023 2/2 followed in this case. He submitted that one co-accused namely, Samrit Sadai @ Sumrit Sadai @ Samrit Saday, who also apprehended on spot has already been granted bail by a Coordinate Bench vide order dated 23.05.2023 passed in Cr. Misc. No. 33782 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Andhramath P.S. Case No. 1 of 2023.

(Sunil Kumar Panwar, J) arish/- U