Niranjan Singh @ Niranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4572 of 2023 Arising Out of PS. Case No.-285 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== NIRANJAN SINGH @ NIRANJAN KUMAR SINGH Son of Jagu Singh R/o Village - Mishripur, P.S.- Sasaram (M), District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

Altogether 117 litres of foreign liquor is said to have been recovered from a field behind the house of Rakesh Kumar and Shrawan Kumar and it is alleged that petitioner has fled away from the spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. It is submitted that similarly situated co-accused namely Duldul Kumar, Bablu Kumar and

Patna High Court CR. MISC. No.4572 of 2023(2) dt.06-04-2023 2/3 Sravan Kumar have been granted anticipatory bail on 25.06.2019 in Cr. Misc. No.25833 of 2019 and bail application of the petitioner was rejected by the learned Court below on 17.12.2022, thereafter, the present application has been filed. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC SBIN0010340, State Bank of India, High Court Campus, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sasaram (M) P.S. Case No.

Patna High Court CR. MISC. No.4572 of 2023(2) dt.06-04-2023 3/3 Cr.P.C, as also the following conditions:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar State Bar Council Welfare Fund.

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