Raushan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50757 of 2017 Arising Out of PS. Case No.-258 Year-2017 Thana- BARBIGHA District- Sheikhpura ======================================================

1. Raushan Kumar , S/o Sunil Kumar Singh

2. Prakash Singh @ Prakash Kumar, s/o Ranjeet Singh

3. Mithu Sardar, s/o Ramchandra Singh All R/o village Maur, P.S. Barbigha District Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Dinkar Kumar For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Sri Dinkar Kumar, learned counsel for the petitioners and learned Additional Public Prosecutor. Three petitioners, apprehending their arrest in A.B.A. ( Excise Case ) No. 15 of 2017 [ arising out of Barbigha P.S. Case No. 258 of 2017] and Excise Case No. 479 of 2017 registered for the offence under Section 272/273/414/420/409/467/468/471/188 of the Indian Penal Code , 1860 and Section 30 of the Bihar Prohibition and Excise Act, 2016 have prayed for grant of bail in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that save and except confessional statement of the co -accused, there is no other material to show involvement of either of the

Patna High Court Cr.Misc. No.50757 of 2017(2) dt.09-11-2017 2/2 petitioners in the present case , whereas, all the petitioners are having clean antecedent, which fact has been stated in paragraph no. 3 of the petition.

Considering the fact that petitioners' name has come only on confessional statement of the co -accused as well as the fact that petitioners' are having clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let the aforesaid three petitioners Raushan Kumar, Prakash Singh @ Prakash Kumar and Mithu Sardar be released on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Sheikhpura / concerned court in connection with A.B.A. ( Excise Case ) No. 15 of 2017 [ arising out of Barbigha P.S. Case No. 258 of 2017] in Excise Case No. 479 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