Sujay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33446 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- DARPA District- East Champaran ====================================================== Sujay Singh , son of Murli Singh, resident of village- Narkatiya, Police Station - Darpa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Anil Kumar For the Opposite Party/s :

Sri Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Anil Kumar, learned counsel for the petitioner and Sri Abhay Kumar No. 1, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Darpa P.S. Case No. 6 of 2018, registered for the offence under Sections 272, 273/34 of the Indian Penal Code, 1860 and Section 30(A)/37(A)(B) 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 has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent.

Patna High Court Cr.Misc. No.33446 of 2018(3) dt.26-06-2018 2/3 He further submits that one Commander Jeep was intercepted by Police and from the Commander Jeep four persons were apprehended and there was recovery of about 6 liters of country made liquor and it was alleged that two persons fled away. Learned counsel for the petitioner submits that petitioner has been arrayed as accused on the basis of confessional statement of the co-accused as if petitioner was one of the persons who fled away after noticing Police. According to learned counsel for the petitioner save and except confessional statement of coaccused, there is no other cogent material to connect the petitioner in the present case.

In view of the fact that petitioner is having clean antecedent as well as the fact that he has been made accused on the basis of confessional statement, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Sujay Singh 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 IVth Additional Sessions Judge - cum- Special Judge Excise, East Champaran, Motihari / concerned

Patna High Court Cr.Misc. No.33446 of 2018(3) dt.26-06-2018 3/3 court in connection with Darpa P.S. Case No. 6 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T