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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31079 of 2021 Arising Out of PS. Case No.-539 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Niraj Singh @ Niraj Kumar @ Niraj Kumar Singh S/O Sikandar Singh R/O Village-Majlishpur, P.S.-BIDUPUR, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-06-2022 Let 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 learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/120B of the Indian Penal Code,72 of J.J. Act and 30 (A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 1242 liters wine is recovered.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the

Patna High Court CR. MISC. No.31079 of 2021(2) dt.09-06-2022 2/3 FIR itself that nothing has been recovered from conscious possession or the house of the petitioner rather the recovery has been made from the house of co-accused, namely, Gautam Kumar, Kundan Kumar, Rabish Kumar, Pappu Singh and Pappu Chaudhary. He further submits that the similarly situated co-accused persons, namely, Rabish Kumar has been granted privilege of anticipatory bail vide order dated 01.07.2020 in Cr. Misc. No.11681 of 2020 and co-accused, namely, Gautam Kumar has also been granted privilege of anticipatory bail vide order dated 07.03.2019 in Cr. Misc. No.13732 of 2019 by different Coordinate Benches of this Hon'ble Court. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 court below where the case is pending in connection with Bidupur P.S. Case No. 539 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.31079 of 2021(2) dt.09-06-2022 3/3 Procedure and with other 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.

(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/- U T