Godhan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36538 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== Godhan Sah S/o Amar Sah, resident of village-Mahuari, P.S. Baghaila, District - Rohtas.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2018 Heard Sri Abhinay Raj, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Karakat P.S. Case No.17 of 2018 registered for the offence under Sections 30(a), 33 and 36 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 the petitioner has been made accused only on the basis of confessional statement of co-accused, who were arrested and from their possession, huge quantity of spirit and liquor was recovered. It has been reiterated that save and except confessional statement, there is no other material to connect the

Patna High Court Cr.Misc. No.36538 of 2018(2) dt.29-06-2018 2/2 petitioner.

In view of fact that the petitioner is having clean antecedent as well as the fact that he has been made accused only on the basis of confessional statement of co-accused, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Godhan Sah be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Rohtas at Sasaram in connection with Karakat P.S. Case No.17 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T