Kaju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24273 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- ARARIA District- Araria ====================================================== KAJU S/O Ram Babu @ Ram Prasad Jaiswal, Resident of Mohalla Rahika Tola, Ward No. 17 P.S. and District Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 Petitioner apprehends his arrest in connection with Special Case No. 611/18 arising out of Araria P.S. Case No. 287/18, disclosing offences under Sections 30(a), 36 and 38 of the Indian Penal Code.

Police on information that two persons are engaged in selling the liquor, raided the place and on seeing the police, they started to flee away, however on of them was nabbed and from his possession 3 litres of liquor was recovered and he disclosed the name of the petitioner as his associate.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner.

Patna High Court CR. MISC. No.24273 of 2019(3) dt.06-08-2019 2/2 Learned counsel for the State opposed the prayer for bail, however, he also admitted that there is no recovery from the house of petitioner or at his instance and his name has been disclosed by the apprehended accused.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions Judge -cum-Special Judge, Araria, in connection with Special Case No. 611/18 arising out of Araria P.S. Case No. 287/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T