Prem Singh @Premnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30105 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Prem Singh @PREMNATH Singh Son Of Dharikshan Singh Resident Of Village - Bag Majhaua, P.S.- Koilwar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. Nagendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 384, 386, 307, 427, 34 of the Indian Penal Code and Sections 25(1-b) a, 26, 35, 27 of the Arms Act.

Vide order dated 21.06.2022, though the petitioner was directed to comply the order dated 10.05.2022, but he has not complied the said order.

It is submitted by learned counsel for the petitioner that the tender has been given to another company, therefore, he is not in a position to bring the tender notice and agreement executed by the Company on record. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 16.12.2021 passed in

Patna High Court CR. MISC. No.30105 of 2021(6) dt.05-07-2022 2/2 Cr. Misc. No. 27622 of 2021. He further submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes the prayer for bail and submits that the petitioner is not producing the original tender notice and agreement executed by the Company before this Court.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Koilwar P.S. Case No. 09 of 2021. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day.

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