Nandjee Singh @ Nandjee Yadav @ Nanda Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56856 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Nandjee Singh @ Nandjee Yadav @ Nanda Singh, S/o Rajendra Singh, Resident of Village- Baragaiya, P.O.- nowan, P.S.- Bikramganj, DistrictRohtas, Bihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Shekhar, Advocate For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Bikramganj P.S. Case No. 288 of 2022, registered for the alleged offence under Section 30 (a) of the Bihar Prohibition and Excise Act.
As per prosecution case, police received secret information about petitioner manufacturing illicit liquor and keeping it concealed in a hut. A raid was conducted but the petitioner fled away from the spot and from the place of occurrence 2 litres of country made liquor with some
Patna High Court CR. MISC. No.56856 of 2022(2) dt.24-11-2022 2/3 implements for manufacturing illicit liquor were recovered. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case as he was not apprehended from the spot. Nothing incriminating has been recovered from his conscious possession. The allegation against the petitioner are not believable. The petitioner is in custody since 09.07.2022 and charge sheet has been submitted.
The learned APP opposes the prayer for bail submitting that the petitioner has got one criminal antecedent. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the period of custody of the petitioner along with the submission of charge sheet, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 288 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
Patna High Court CR. MISC. No.56856 of 2022(2) dt.24-11-2022 3/3 (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) himanshu/- U T