Nagendra Singh @ Nagen Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Nagendra Singh @ Nagen Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to petitioner Nos. 2 and 3 only: release on bail in the event of arrest/surrender within eight weeks, on bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to section 482(2) BNSS 2023 conditions, before the learned Additional Sessions Judge IV-cum-Exclusive Special Excise Court No. II, Gopalganj; the prayer of petitioner No. 1 was rejected.

Issue for consideration

Whether petitioner No. 1 (Nagendra Singh @ Nagen Singh), who is stated to have four criminal antecedents of similar nature, is entitled to pre-arrest bail in connection with Vishambharpur PS Case No. 11 of 2020. +1 more

Court's answer

The prayer of petitioner No. 1 for pre-arrest bail is rejected because he has four criminal antecedents of similar nature.

Ratio / Principle

In view of their clean antecedents, petitioner Nos. 2 and 3 are to be released on bail in the event of arrest/surrender within eight weeks, on furnishing a bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge IV-cum-Exclusive Special Excise Court No. II, Gopalganj, in connection with Vishambharpur Police Station Case No. 11 of 2020.

Key takeaways

The bail granted to petitioner Nos. 2 and 3 is subject to the conditions laid down under section 482(2) of BNSS 2023.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail (pre-arrest bail) application before the Patna High Court in Criminal Miscellaneous No. 4834 of 2025, arising out of Vishambharpur Police Station Case No. 11 of 2020, District Gopalganj, registered under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Amendment Act 2018, following alleged recovery of 336.600 litres of country-made foreign liquor from a Maruti Suzuki Wagon (Reg. MH01MA0302). The petitioners pleaded innocence, disclaimed being driver or owner of the seized vehicle, and petitioner Nos. 2 and 3 claimed clean antecedents. Held: petitioner No. 1, having four criminal antecedents of similar nature, was refused pre-arrest bail; petitioner Nos. 2 and 3, of clean antecedents, were directed to be released on bail upon arrest/surrender within eight weeks, on a bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions of section 482(2) BNSS 2023, before the learned Additional Sessions Judge IV-cum-Exclusive Special Excise Court No. II, Gopalganj.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4834 of 2025

Arising Out of PS. Case No.-11 Year-2020 Thana- VISHAMBHARPUR District- Gopalganj

======================================================

1 . Nagendra Singh @ Nagen Singh Son Of Vishwanath Singh Resident Of Village - Ahirauli Dan, P.S. - Tareya Sujan, District- Kushinagar (U.P.)

Santosh Singh Son Of Vishwanath Singh Resident Of Village - Ahirauli Dan, P.S. - Tareya Sujan, District- Kushinagar (U.P.)

3 . Arvind Kumar Rai @ Arvind Rai Son Of Satan Rai Resident Of Village - Tareya Sujan, P.S. - Tareya Sujan, District- Kushinagar (U.P.)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 12-02-2025 Heard learned counsel for the petitioners and the

State.

Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a), 32 ( 2 ), 41 (1) of Bihar Prohibition and Excise Amendment Act 2018 .

It is alleged that 336.600 liters of country made

Patna High Court CR. MISC. No.4834 of 2025(2) dt.12-02-2025 2/3

foreign liquor was recovered from Maruti Suzruki Wagon bearing Reg. MH01MA0302.

It is submitted that the petitioners are innocent and have falsely been implicated in this case . Petitioners are neither driver nor owner of seized vehicle . No incriminating material has been recovered from the conscious possession of these petitioners and they are no way connected with the aforesaid recovery. Petitioner Nos. 2 and 3 claim clean antecedent.

5 . Learned counsel for the State opposed the bail petition and submitted that petitioner No. 1 has got 4 criminal antecedent of similar nature .

Considering the fact that petitioner No. 1 has got 4 criminal antecedent of similar nature , his prayer for pre – arrest bail is hereby rejected.

Considering the facts of the case , clean antecedent of petitioner Nos. 2 and 3 in the event of arrest/surrender within eight weeks from today , let the petitioner Nos. 2 and 3 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV – cum- Exclusive Special Excise Court No. II, Gopalganj in connection with Vishambharpur Police

Patna High Court CR. MISC. No.4834 of 2025(2) dt.12-02-2025 3/3

Station Case No. 11 of 2020 , subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 .

(Prabhat Kumar Singh, J)

Koushik/-

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