Nagendra Kumar Yadav @ Nagendra Kumar @ Govinda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84567 of 2019 Arising Out of PS. Case No.-316 Year-2019 Thana- PIRO District- Bhojpur ====================================================== NAGENDRA KUMAR YADAV @ NAGENDRA KUMAR @ GOVINDA Son of Jangbahadur Singh Resident of Village - Hankar Tola, P.S.- Piro in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

40 liters of country made liquor is said to have been recovered from the possession of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in this case by the police at the instance of his enemies while he was passing through the place of occurrence. There is violation

Patna High Court CR. MISC. No.84567 of 2019(3) dt.18-03-2020 2/2 of Section 100 Cr.P.C. He has been languishing in custody since 21.11.2019.

Petitioner is agreed to deposit Rs.10,000.00 (Rupees Ten Thousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No.35094613009 of the State Bank of India.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 4thAdditional Sessions Judge-cum-Special Judge Excise, Bhojpur at Ara in connection with Excise Case No.2351 of 2019, arising out of Piro P.S. Case No.316 of 2019. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T