Patna High CourtCR. MISC./59179/2023bail granted

Nagendra Sah v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59179 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- JALE District- Darbhanga ====================================================== Nagendra Sah S/O Ram Lochansah @ Ram Laxmansah Resident Of VillageKhesar, P.S- Jale, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in a case in connection with Jale P.S. Case No. 85 of 2023 dated 04.07.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 180 litres of Nepali illicit liquor was recovered from the Scorpio and the driver- cum- owner of the said Scorpio was apprehended on the spot who disclosed that the said liquor belonged to the petitioner, Nagendra Sah.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.59179 of 2023(2) dt.22-09-2023 2/2 that the petitioner has falsely been implicated in this case. The name of the petitioner has surfaced on the disclosure of the coaccused Lalu Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Darbhanga in connection with Jale P.S. Case No. 85 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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