Nagendra Kumar @ Nagendra Roy @ Nagendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57856 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Nagendra Kumar @ Nagendra Roy @ Nagendra Ray S/o Jagdish Roy @ Jagdesh Ray @ Jagdeesh Ray, R/o Village - Tola Milki, Bathua Buzurg, P.S - Musarigharari, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 195.120 litre illicit foreign liquor from a mustard field near the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that the alleged recovery has been made from a place

Patna High Court CR. MISC. No.57856 of 2025(3) dt.25-09-2025 2/2 which does not belong to the petitioner and is accessible to public at large. He further submits that petitioner is in custody since 07.07.2025, having one criminal antecedent of different nature. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Musarigharari P.S. Case No.5 of 2024.

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