Baijnath Prasad @ Dhodha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35014 of 2018 Arising Out of PS. Case No.-701 Year-2017 Thana- KOTWALI District- Patna ====================================================== Baijnath Prasad @ Dhodha, S/o Late Rewati Prasad, Resident of Kamla Nehru Nagar, P.S.- Kotwali, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Rajeev Kumar, Advocate For the Opposite Party/s :

Sri Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Pawan Kumar, learned counsel, assisted by Sri Rajeev Kumar, learned counsel for the petitioner and Sri Satyendra Narayan Singh, learned Additional Public Prosecutor .

The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, apprehending his arrest in connection with Kotwali P.S. Case No. 701 of 2017, registered for the offence under Section 30(a)/ 32(3)/ 37(a)(b)(d)/ 38(1)(2)/ 56(e) 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, it has been argued by learned

Patna High Court Cr.Misc. No.35014 of 2018(2) dt.27-06-2018 2/3 counsel for the petitioner that nothing was recovered from conscious possession of the petitioner. He submits that in this case petitioner has been made accused only on the basis of confessional statement of co-accused from whose possession four bottles containing 180 Ml each of foreign liquor was shown to be recovered. It has been reiterated that save and except confessional statement of co-accused, there is no other cogent material to connect the petitioner in the present case Sri Satyendra Narayan Singh, learned Additional Public Prosecutor has opposed the prayer for grant of anticipatory bail , however, he was not in a position to dispute the fact that petitioner has been made accused on the basis of confessional statement of co- accused made before Police.

In view of the fact that petitioner is having clean antecedent and the fact that he was made accused on the basis of confessional statement of co- accused , there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Baijnath Prasad @ Dhodha be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.35014 of 2018(2) dt.27-06-2018 3/3 Special Judge, Excise, Patna / concerned court in connection with Kotwali P.S. Case No. 701 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U