Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20672 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -MANJHI District- SARAN ====================================================== Nagendra Singh Son of Anirudh Singh resident of village - Usti, P.S. - Baniyapur, District - Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Manjhi P.S. Case No. 37 of 2018 registered under Sections 413 and 414 of the Indian Penal Code and Sections 30, 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

2736 litres of foreign liquor is said to have been recovered from the truck and its driver, namely, Rajesh Kumar was apprehended. The said Rajesh Kumar divulged that the said liquor was loaded by one Raju Kumar to be distributed among eight persons including the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.20672 of 2018 (2) dt.16-04-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with any trade of liquor. He has been falsely implicated in the case at the instance of his enemies. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Rajesh Kumar. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 20.02.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned 6th Additional District and Sessions Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 37 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T