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Patna High CourtCR. MISC./43882/2017bail granted

Vinit Kumar @ Vinit Singh v. The State Of Bihar

2017-10-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43882 of 2017 Arising Out of PS. Case No.-128 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Vinit Kumar @ Vinit Singh, Son of Narayan Singh, R/o Village- Jahangirpur Salkhanni, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Rina Sinha For the Opposite Party/s :

Sri Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Smt. Rina Sinha, learned counsel for the petitioner and learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Mahua P.S. Case No. 128 of 2017 registered for the offence under Section 414 of the Indian Penal Code , 1860 and Section 30(A) / 32(ii) / 38(ii) and 41 (i) 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 it is true that from a Pick -UP Van huge quantity of Indian make foreign liquor was recovered, but petitioner was innocent and he has been implicated only on confessional statement of the co- accused. Save and except confessional statement, there is no sufficient material to connect the petitioner in the case.

Patna High Court Cr.Misc. No.43882 of 2017(2) dt.17-10-2017 2/2 Besides this, it has has been argued that petitioner is having clean antecedent and this fact has been stated in paragraph no. 3 of the petition.

Considering the fact that petitioner's name has come on confession of the co- accused and clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Vinit Kumar @ Vinit Singh 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 Addl. Sessions Judge II, Vaishali at Hajipur / concerned court in connection with Mahua P.S. Case No. 128 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T