Anup @ Anup Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50583 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== ANUP @ ANUP SINGH Son of Adaya Saran Sigh @ Adya Sharan Singh R/o Village - Dibi, P.S. M.H. Nagar, District - Siwan. At present S/o Adhya Sharan Singh H.No. 224 NFL Colony C Type Hospital Vill - Kheri Nangar Vikash Nagar, P.S. - Panipat, District - Hariyana. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Daraunda (M.H. Nagar) P.S. Case no. 49 of 2020 instituted for the offence under Section 30(a) and 32(ii) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 3543.06 from the house of co-accused Nipu Singh.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of

Patna High Court CR. MISC. No.50583 of 2021(2) dt.04-04-2022 2/2 occurrence. The alleged recovery has been made from the house of co-accused Anuj Kumar Singh @ Nipu Singh, who has already been granted bail by a different co-ordinate Bench of this Court on 1.7.2021 passed in Cr. Misc. No. 10407 of 2021. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Daraunda (M.H. Nagar) P.S. Case no. 49 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-CumSpecial Judge, Excise, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U