Nagendra Sharma @ Nagendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69358 of 2024 Arising Out of PS. Case No.-335 Year-2024 Thana- DINARA District- Rohtas ====================================================== 1.

Nagendra Sharma @ Nagendra Kumar Sharma Son of Indradev Sharma @ Indradev Sharma Resident of Village -Khairahikala Police Station -Dinara (Bhanas), District -Rohtas at Sasaram 2.

Ramashankar Ram Son of Late Ramanand Ram Resident of Village -Khairahikala Police Station -Dinara (Bhanas), District -Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2024 At the outset, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with regard to petitioner no. 2.

2. Permission is granted.

3. The anticipatory bail application with regard to petitioner no. 2 is, accordingly, dismissed as withdrawn.

4. Heard learned counsel for the petitioner and the State.

5. Petitioner No. 1 apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

6. As per prosecution case, 31 litres country made

Patna High Court CR. MISC. No.69358 of 2024(2) dt.08-10-2024 2/2 liquor has been recovered from the house of co-accused Ramashankar Ram.

7. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Petitioner claims clean antecedent.

8. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner No. 1 in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Dinara (Bhanas) P. S. Case No. 335 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T