Patna High CourtCR. MISC./23039/2017bail granted

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

2017-07-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23039 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ====================================================== Niraj Singh @ Niraj Kumar Singh Son of Mahesh Singh Resident of Village- Majkodhwa, P.S. Majorganj, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-07-2017 Heard Sri Pushpendra Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Majorganj P.S. Case No. 121 of 2017 registered for offence under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail, primarily on the ground that petitioner has falsely been made accused only on the basis of confessional statement of the co-accused, who was on a bullock cart, from which huge quantity of Napali liquor has been recovered.

Learned counsel for the petitioner submits that nothing was recovered either from the conscious possession of the petitioner or from the premises of the petitioner and petitioner is

Patna High Court Cr.Misc. No.23039 of 2017 (3) dt.13-07-2017 2/2 having clean antecedent, which fact has been mentioned in paragraph - 3 of the petition.

Considering the fact that petitioner's name has come on statement of one of the co-accused as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Niraj Singh @ Niraj Kumar Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, learned Additional Chief Judicial Magistrate - I, Sitamarhi in connection with Majorganj P.S. Case No. 121 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T