Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32999 of 2018 Arising Out of PS. Case No.-133 Year-2017 Thana- Vidyapatinagar District- Samastipur ====================================================== Raju Kumar S/o Baidyanath Singh @ Baijnath Singh, R/o Vill.- Madhaipur, P.S.- Dalsinghsarai, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-06-2018 Heard Sri Rajeev Ranjan, learned counsel for the petitioner and Sri Amrendra Prasad, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Vidyapati Nagar P.S. Case No. 133 of 2017 (G.R. No. 3816 of 2017) registered for offence under Sections 272 & 273 of the Indian Penal Code and Sections 47, 30(a), 35(a), 35(b), 38(1), 38(2) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. Besides this, it has been argued that save and except confessional statement of co-accused, there is no other material

Patna High Court Cr.Misc. No.32999 of 2018(2) dt.13-06-2018 2/2 to connect the petitioner in the present case. Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, considering the fact that petitioner's name has come only in the confessional statement as well as the fact that petitioner is having clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Raju Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI-cum-Special Judge, Excise, Samastipur, in connection with Vidyapati Nagar P.S. Case No. 133 of 2017 (G.R. No. 3816 of 2017), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T