Sikandar Yadav @ Sikandra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58658 of 2018 Arising Out of PS. Case No.-149 Year-2017 Thana- LAUKAHI District- Madhubani ====================================================== Sikandar Yadav @ Sikandra Kumar Yadav S/o Turant Lal Yadav, resident of village - Hariraha Rustampur, P.S.- Laukahi, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-09-2018 Heard Sri Arvind Kumar, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in Laukahi P.S. Case No. 149 of 2017 registered for the offence under Sections 272, 273/34 of the Indian Penal Code 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. It was submitted by learned counsel for the petitioner that petitioner has falsely been made accused in the present case on the basis of confessional statement made by co-accused. It has been argued that after lodging of the present case, petitioner was again made accused in another case i.e. Laukahi P.S. Case No. 189 of 2017 for the offence relating to the Bihar Prohibition and Excise Act, 2016, in which the petitioner has already been

Patna High Court Cr.Misc. No.58658 of 2018(2) dt.20-09-2018 2/2 granted anticipatory bail, otherwise it has been argued that the petitioner was having clean antecedent.

In view of the facts and circumstances, particularly the fact that the petitioner has been arrayed as accused only on the basis of confessional statement of co-accused, let the petitioner, namely, Sikandar Yadav @ Sikandra Kumar Yadav 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 the learned Addl. District and Sessions Judge-IIcum-Special Judge(Excise), Madhubani in connection with Laukahi P.S. Case No. 149 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J.) nawalkrs/- U T