Bijendra Kumar @ Asutosh @ B.M. Singh @ Asuthosh Kumar @ V.M. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35283 of 2018 Arising Out of PS. Case No.-269 Year-2017 Thana- Chousa District- Madhepura ====================================================== Bijendra Kumar @ Asutosh @ B.M. Singh @ Asuthosh Kumar @ V.M. S/oJaijai Ram Singh @ Jayjay Ram Prasad Singh, resident of VillageLawalagan, P.S. Chousa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-06-2018 Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Sri Jitendra Kumar Singh, 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 Chousa P.S. Case No. 269 of 2017 registered for offence under Sections 30(a) & 37(b) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that the petitioner has been made accused only on the basis of confessional statement made by co-accused, from whose possession, huge quantity of Indian make foreign liquor was shown to be recovered. He submits that save and except confessional statement, there is no other cogent material to connect the petitioner in the present case.

Patna High Court Cr.Misc. No.35283 of 2018(2) dt.27-06-2018 2/2 Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor has opposed the prayer for grant of bail, however; he was not in a position to dispute the fact that petitioner has been made accused only on the basis of confessional statement of the co-accused.

In view of facts and circumstances, particularly the fact that petitioner has been made accused on the basis of confessional statement of co-accused, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Bijendra Kumar @ Asutosh @ B.M. Singh @ Asuthosh Kumar @ V.M. 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 S.D.J.M., Udakishunganj at Madhepura in connection with Chousa P.S. Case No. 269 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T