Bhogi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31190 of 2018 Arising Out of PS. Case No.-388 Year-2017 Thana- JAYNAGAR District- Madhubani ====================================================== Bhogi Yadav, Son of Ramchalitar Yadav, resident of Village- Akaunha, P.S.- Dewdha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Sanjay Kumar Jha , learned counsel for the petitioner and Smt. Reena Sinha, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Jay Nagar P.S. Case No. 388 of 2017 vide G.R. No. 843 of 2017 , registered for the offence under Sections 413, 414, 272, 273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. Learned counsel for the petitioner further submits that save and except confessional statement of the co-accused,

Patna High Court Cr.Misc. No.31190 of 2018(2) dt.26-06-2018 2/2 there is no other cogent material to connect the petitioner in the present case.

Considering the nature of accusation, clean antecedent of the petitioner as well as the fact that petitioner's name has come in confessional statement, there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Bhogi Yadav 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 Addl. District and Sessions Judge IInd cum Special Judge, Excise Act, Madhubani / concerned court in connection with Jaynagar P.S. Case No. 388 of 2017 vide G.R. No. 843 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