Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64004 of 2022 Arising Out of PS. Case No.-184 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== Nagendra Singh S/o Late Bhuwali SIngh R/v- Baidapur, P.S.- Daraunda, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-12-2022 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Daraunda P.S. Case No. 184 of 2020, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(a) of the Bihar Prohibition and Excise Act.

As per allegation, 345.600 liters from a Bolero vehicle parked near a house and 2930.440 liters of liquor from the house of one Nagendra Singh have been recovered. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

2/4 case. He further submits that nothing has been recovered from the conscious possession of the petitioner. The petitioner has been languishing in jail since 25.07.2022.

It is also stated in paragraph no. 2 of the petition that the petitioner has moved earlier before this Court for grant of anticipatory bail vide Cr. Misc. No. 38347 of 2020. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.

However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Exclusive Special Excise Court 1st, Siwan connection with Daraunda P.S. Case No. 184 of 2020 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

3/4 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

The application stands allowed accordingly.

4/4 The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) chandan/- U T