Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67589 of 2022 Arising Out of PS. Case No.-625 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== NIRAJ SINGH Son of Late Rampyare Singh R/v- Yadupur (Tola Saitha), P.S.- Sonhan, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 92 liters liquor from a place near a bridge. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and because of his antecedents, he came to implicated in the present case at the instance of local villagers and Chowkidaar, it is also submitted that alleged recovery is from a place which is accessible to

Patna High Court CR. MISC. No.67589 of 2022(2) dt.09-12-2022 2/2 public at large.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees TwentyThousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bhabhua (Sonhan) P.S. Case No. 625 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedents and in the event, if it is found that petitioner has criminal antecedent of more than four cases, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishi/Shubham/- U T