Nagendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73530 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Nagendra Singh Son of Raj Ballam Singh @ Raj Balam Singh Resident of Village - Mora Khap, P.S. - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 86.400 litres of liquor from a Bolero vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and came to be implicated during the course of investigation on the ground that the alleged Bolero vehicle was seized from his bathan. It is further submitted that no prudent person would use his own bathan for
Patna High Court CR. MISC. No.73530 of 2024(2) dt.07-10-2024 2/2 committing an occurrence and thus would get implicated. It is also submitted that petitioner is in custody since 08.08.2024.
4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maharajganj Excise P.S. Case No.34/2024.
6. Today 45 cases relating to excise were taken up, in 45 cases, there were 48 petitioners, out of whom, 18 petitioners were persons with clean antecedent and in 21 cases liquor less than 30 litres was recovered, as such, the total amount of liquor recovered is 9341.38 litres, 45 litres toddy and 1400 litres of Jawa Mahua.
(Satyavrat Verma, J) amit/- U T