Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78764 of 2018 Arising Out of PS. Case No.-748 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Nagendra Kumar Son of Bindeshwar Prasad, resident of Village - Taregana Dih, Police Staution - Masaurhi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh, Advcoate For the Opposite Party/s :

Mr.Sri Rajendra Singh Shastriji (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 9819 of 2018, arising out of Masaurhi P.S. Case No. 748 of 2018 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 440 kgs. of mahua flower and 10 liters of mahua wine recovered from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 13.10.2018.

Patna High Court Cr.Misc. No.78764 of 2018(2) dt.11-01-2019 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 9819 of 2018 arising out of Masaurhi P.S. Case No. 748 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T