Abhishek Singh @ Golu @ Abhishek Kr Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67079 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== 1.

ABHISHEK SINGH @ GOLU @ ABHISHEK KR SINGH Son of Gabbar Singh Resident of Village- Kaluahi, P.S.- Kaluahi, District- Madhubani 2.

SUMIT SINGH @ TINKU @ SUMIT KUMAR SINGH Son of Baidhanath Prasad Singh @ Lalit Singh Resident of Village- Kaluahi, P.S.- Kaluahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2 Permission is accorded.

The petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of

Patna High Court CR. MISC. No.67079 of 2022(2) dt.09-12-2022 2/3 recovery of 2.340 litres liquor from Lalit Singh's house. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and his name transpired on account of reporting by one Neha Singh, Gayatri Singh and her daughter, it is also submitted that since petitioner is relative of Lalit Singh as such he came to be implicated in the present case in a mechanical manner.

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 no.1, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kaluahi P.S. Case No. 138 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 antecedent and in the

Patna High Court CR. MISC. No.67079 of 2022(2) dt.09-12-2022 3/3 event, if it is found that the petitioner has got criminal antecedent even of one case, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishi/- U T