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Patna High CourtCR. MISC./30974/2021bail granted

Bajrangi Kumar v. The State Of Bihar

2022-01-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30974 of 2021 Arising Out of PS. Case No.-730 Year-2020 Thana- KANKARBAG District- Patna ====================================================== BAJRANGI KUMAR Son of Late Radheshyam Rai R/O- Gayatri Mandir, Jhoparpatti, P.S.- Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2022 Heard Mr. Prashant Kumar, learned Advocate for the petitioner and Mr. Pancha Nand Pandit, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kankarbagh P.S. Case No. 730 of 2020 dated 27.09.2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Approximately 55 litres of locally brewed Mahua liquor was recovered from a carriage-vehicle. The person who was arrested in raid has named the petitioner as one of his associates in his confessional statement. After arraigning the petitioner in the subject FIR, another case has been lodged against him shortly thereafter vide Kankarbagh P.S. Case No. 730 of 2021. That too is based on confession of a co-accused.

Patna High Court CR. MISC. No.30974 of 2021(2) dt.17-01-2022 2/2 Learned counsel for the petitioner has submitted that except for the confession of the accused person in the subject FIR, there is no other material to connect the petitioner with the offence. So far as his implication in Kankarbagh P.S. Case No. 730 of 2021 is concerned, it has been submitted that the prayer for anticipatory bail in that case is pending consideration before this Court. Regard being had to the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna in connection with Kankarbagh P.S. Case No. 730 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T