Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22179 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abhishek Kumar Son of Ramashankar Singh ,Resident of Village- Kotwa, P.S.- Kotwa, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2017 Heard Sri Abhishek Kumar, learned counsel for the petitioner and Sri Damodar Prasad Tiwary , learned Additional Public Prosecutor .

The sole petitioner, apprehending his arrest in Kotwa P.S. Case No. 16 of 2017 , registered for the offence under Section 30(a ) of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of anticipatory bail on the plea that petitioner has falsely been implicated on alleged confessional statement of co-accused person, who was arrested with huge quantity of Indian make foreign liquor from a pick -up van. He submits that the accused who was arrested has stated that the seized wine was supplied by the petitioner, however nothing has been shown recovered from conscious possession of the petitioner.

Patna High Court Cr.Misc. No.22179 of 2017 (3) dt.13-07-2017 2/2 Considering the nature of accusation as well as the fact that petitioner has been made accused on the basis of confessional statement of the apprehended accused, there is no reason to refuse the prayer for anticipatory bail. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Abhishek Kumar 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 10th Additional Chief Judicial Magistrate, Motihari, East Champaran / concerned court in connection with Kotwa P.S. Case No. 16 of 2017 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure 1973.

(Rakesh Kumar, J) Praful/- U T