Niranjan Kumar Sah @ Niranjan Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42334 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Niranjan Kumar Sah @ Niranjan Kumar Sahu Son of Kailash Sah @ Manohar Sahu, Resident of Vill -Singhiya P.S- Singhiya Distt- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate.

For the Opposite Party/s :

Ms. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Singhiya P.S. Case No.21 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 734.00 liter of illicit liquor was recovered from a mango orchard and one motorcycle was also seized.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics and personal grudge. He further submits that there is no material against the petitioner. Learned counsel submits that petitioner is neither owner of the seized motorcycle nor was owner of the said orchard. He further

Patna High Court CR. MISC. No.42334 of 2024(2) dt.28-06-2024 2/2 submits that antecedent of petitioner is clean. He also submits that similarly situated co-accused have been granted anticipatory bail vide orders dated 31.08.2023 & 17.05.2024 passed in Cr. Misc. No.57413 of 2023 & Cr. Misc. No.26593 of 2024 respectively.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge-I, Excise, Samastipur in connection with Singhiya P.S. Case No.21 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T