Patna High CourtCR. MISC./56615/2017bail granted

Mohan Kumar v. The State Of Bihar

2017-12-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 56615 of 2017 Arising Out of PS. Case No.-206 Year-2017 Thana- Sheikhpura District- Sheikhpura ====================================================== Mohan Kumar S/o Ram Swarup Mahto, R/o Village- Tothiya Pahar More Wazidpur, P.S. and District- Sheikhpura, Permanent Address- VillagePurankama, P.S. and District- Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2017 Heard Sri Pankaj Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 21-09-2017 in Excise Case No. 426 of 2017, arising out of Sheikhpura P.S. Case No. 206 of 2017, registered for offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

At the very outset, learned counsel for the petitioner has argued that save and except confessional statement of coaccused, there is no other material to connect the petitioner in the present case. He submits that petitioner's name in the present case has come in the confessional statement of coaccused namely Ram Swarup Mahto, who has already been

Patna High Court Cr.Misc. No.56615 of 2017(2) dt.04-12-2017 2/2 granted bail by order dated 10-08-2017 passed in Cr. Misc. No. 35566 of 2017. Copy of the said order has been brought on record by Annexure - 3 to the petition.

Considering the fact that petitioner's name has come in confessional statement of co-accused and the co-accused, who made confession, has already been granted bail, there is no reason to further detain the petitioner.

Let the petitioner namely Mohan 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 1st Additional District & Sessions Judge, Sheikhpura in connection with Excise Case No. 426 of 2017, arising out of Sheikhpura P.S. Case No. 206 of 2017.

(Rakesh Kumar, J.) anay U T