Patna High Court - Orders
Nagender Sah @ Nagendra Sah vs The State Of Bihar on 27 January, 2022
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56347 of 2021
Arising Out of PS. Case No.-110 Year-2021 Thana- JADOPUR District- Gopalganj
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NAGENDER SAH @ NAGENDRA SAH S/o Surender Sah @ Surendra
Resident of Village- Ahirauli Dan, P.S.- Tareya Sujan, District- Kushinagar,
State- Uttar Pradesh.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Setu Prateek, Adv
For the Opposite Party/s : Ms.Asha Devi,APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2022Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding.
The petitioner seeks bail in connection with Jadopur P.S.Case No.110 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
The prosecution case, in short, is that on search, 60 liters of country made liquor was recovered from the motorcycle.
Learned counsel appearing for the petitioner submits Patna High Court CR. MISC. No.56347 of 2021(2) dt.27-01-2022 2/3 that the petitioner has clean antecedent. He has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from one Hero Honda Passion Pro Motorcycle. He further submits that the petitioner is not the owner of the motorcycle nor he has any concern with the said alleged recovered liquor. Petitioner is in custody since 25.07.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cum-Special Judge, Excise Act, Gopalganj in connection with Jadopur P.S.Case No.110 of 2021 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.56347 of 2021(2) dt.27-01-2022 3/3 (2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/-
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