Bablu @ Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62213 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Bablu @ Bablu Yadav, Son of Sahdeo Prasad Yadav, Resident of VillageKhutaha, P.S. Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Ranjan Kumar Jha For the Opposite Party/s :

Sri Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Ranjan Kumar Jha, learned counsel for the petitioner and Sri Jai Narain Thakur , learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Jagdishpur P.S. Case No. 229 of 2018, registered for the offence under 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.

At the very outset learned counsel for the petitioner has drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It has further been argued that petitioner in the present case has been made accused on the basis of confession / disclosure made by one of the co-accused who was apprehended along with

Patna High Court Cr.Misc. No.62213 of 2018(2) dt.08-10-2018 2/2 Hundai Car from which about 69.375 liters of Indian make foreign liquor was shown to be recovered. It has been reiterated that save and except confession / disclosure of the co-accused, there is no other material against the petitioner. Considering the fact that petitioner is having clean antecedent as well as the fact that petitioner's name has come only in confessional statement of the co-accused, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner : Bablu @ Bablu 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 Second Additional District Judge - cum- Special Judge, Excise, Bhagalpur / concerned court in connection with Jagdispur P.S. Case No. 229 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.