← Library
Patna High CourtCR. MISC./78530/2023allowed

Nandu Kumar Singh @ Nand Kishore Singh v. The State Of Bihar

2024-01-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78530 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Nandu Kumar Singh @ Nand Kishore Singh Son of Bhutai Singh @ Nathuni Singh, Resident of Village - Sukki Dih Tol, P.S. - Khajauli, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Aditya Narayan Singh No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Khajauli P.S. Case No.109 of 2023, registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 360 liter illicit liquor have been recovered from the orchard of Rajsaran Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to three criminal antecedents. He further submits that petitioner has been named in this case only on the basis of suspicion. He also submits that petitioner was not apprehended

Patna High Court CR. MISC. No.78530 of 2023(4) dt.29-01-2024 2/2 on the spot and the orchard where the liquor was seized does not belongs to the petitioner. Learned counsel submits that petitioner has no concern with the seized liquor or with the other co-accused persons and he is not involved in the crime. He further submits that petitioner is in custody since 07.08.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned A.D.J. IIcum- Special Judge Excise Act, Madhubani, District Madhubani in connection with Khajauli P.S. Case No.109 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T