Naveen Prakash Singh@Naveen Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79760 of 2024 Arising Out of PS. Case No.-216 Year-2021 Thana- MANER District- Patna ====================================================== Naveen Prakash Singh@Naveen Singh S/O Krishndeo Singh @ Gabbar Singh R/O Village- Balua, P.S- Maner, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Adv For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-12-2024 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks bail in connection with Maner P.S. Case No. 216 of 2021 registered for the offences under Section 30 (a), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act.
3. The petitioner is named in the F.I.R.
4. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2131.20 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf
Patna High Court CR. MISC. No.79760 of 2024(2) dt.06-12-2024 2/3 of the petitioner submitted that the name of petitioner transpired on the basis of disclosure made by co-accused, who were apprehended on spot, save and except suspicion arising out of their disclosure nothing appears incriminating against this petitioner. It is submitted that petitioner is not connected in any manner with the alleged vehicle or illicit liquor. While concluding the argument it is submitted that illicit liquor was not recovered from the conscious possession of this petitioner, who is a man of clean antecedent and moreover similarly situated co-accused persons were granted anticipatory bail by Co-ordinate bench of this court through Cr. Misc. No. 44961 of 2021 vide order dated 15.11.2021, Cr. Misc. No. 45414 of 2021 vide order dated 22.11.2021 and Cr. Misc. No. 54399 of 2021 vide order dated 14.12.2021.
6. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
7. In view of the facts and circumstances as mentioned above as recovery of illicit liquor not appears to be made from the conscious physical
Patna High Court CR. MISC. No.79760 of 2024(2) dt.06-12-2024 3/3 possession of this petitioner, where name of this petitioner appears on the basis of suspicion arising out of disclosure made by apprehended coaccused person, where nothing incriminating appears recovered from him, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna/concerned Court below where the case is pending in connection with Maner P.S. Case No. 216 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T