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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77605 of 2023 Arising Out of PS. Case No.-205 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== Niraj Kumar @ Niraj Singh @ Niro Singh, S/O Jay Prakash Singh R/O Village- Sarlahi, P.S- Shamho, Distt.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 and 120B of the I.P.C. and Sections 30(a), 32(2), 38(1) and 41(1) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases, but then, he was never implicated in a case relating to excise. It is further submitted that he has been falsely implicated in the instant case by the informant with an allegation that a truck was seized from which 1543.980 litres of liquor was recovered.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and his name transpired in the confessional statement of co-accused in police

Patna High Court CR. MISC. No.77605 of 2023(3) dt.27-03-2024 2/2 custody, which does not have any evidentiary value.

5. At this stage, the learned counsel for the petitioner fairly submits that he has filed a supplementary affidavit wherein it has been specifically pleaded that petitioner had moved this Court earlier by filing Cr. Misc. No.32078 of 2019 seeking anticipatory bail, but the same was rejected by a learned Coordinate Bench by an order dated 25.07.2019.

6. Learned A.P.P. submits that this is the second anticipatory bail application of the petitioner.

7. At this stage, the learned counsel for the petitioner seeks permission to withdraw the present anticipatory bail application with liberty to surrender before the learned trial Court.

8. Permission is accorded.

9. Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

10.

In the event, if the petitioner surrenders on or before 08.04.2024, the learned trial Court shall try to dispose of the case on the same day.

(Satyavrat Verma, J) vikash/- U T