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Patna High CourtCR. MISC./82232/2023allowed

Nagendra Sah @ Nagendra Singh v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82232 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Nagendra Sah @ Nagendra Singh S/O Late Ram Chandra Sah R/O VillageKamtaul P.S. Kamtaul Dist. Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 52.5 litres of illicit liquor from the house of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. The place of seizure is the joint family house of the petitioner. There is no independent witness of the alleged

Patna High Court CR. MISC. No.82232 of 2023(2) dt.19-12-2023 2/2 seizure. Moreover, the petitioner is languishing in judicial custody since 28.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge I, Excise Act, Darbhanga in connection with Kamtaul P.S. Case No. 241 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T