Arjun Prasad @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23072 of 2018 Arising Out of PS. Case No.-828 Year-2017 Thana- Motihari Town District- East Champaran ====================================================== Arjun Prasad @ Arjun Kumar Son of Prabhu Prasad Resident of VillageGandhi Nagar Ramna, P.S. Motihari, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pratik Tondon For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-04-2018 Heard Sri Pratik Tondon, learned counsel for the petitioner and Sri Binod Kumar No. 3, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Motihari Town P.S. Case No. 828 of 2017 registered for offence under Section 30(a), 41(1) 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 only on the basis of confessional statement of co-accused, petitioner has been made accused. He further submits that it is true that petitioner is also accused in one another case i.e. Turkaulia P.S. Case No. 678 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and under the

Patna High Court Cr.Misc. No.23072 of 2018(2) dt.23-04-2018 2/2 provision of Excise Act, however; in the said case, he has been extended the privilege of anticipatory bail on the ground that his name had come on confessional statement of co-accused. Be that as it may considering the fact that petitioner is having antecedent showing that he was accused in relation to Excise Act, there is no reason to extend the privilege of anticipatory bail.

Dismissed.

(Rakesh Kumar, J.) anay U T