Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32178 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- CHATOUNI District- East Champaran ====================================================== Vijay Singh, S/o Late Ramadhar Singh, R/o Village- Sishani, P.S.- Pakaridayal, District- East Champaran.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Ajay Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Chhatauni P.S. Case No.88 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender.

It was submitted by learned counsel for the petitioner that the petitioner, in the present case, has been made accused only on the basis of disclosure made by co-accused Amit Kumar, who was arrested by the police and the said disclosure was made before the police. He submits that save and except the confessional statement of co-accused, there is no other material to connect the petitioner. It has been argued that the

Patna High Court Cr.Misc. No.32178 of 2018(2) dt.13-06-2018 2/2 petitioner was never made accused for the offence under the Excise Act, however he was earlier made accused in one of the cases registered for the offence under Section 302 and other allied Sections of the Indian Penal Code and provision of SC/ST Act.

Considering the fact that the petitioner's name has come on the basis of confessional statement of co-accused, who was arrested by the police, there is no reason to deny the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Vijay Singh 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 4th Addl. Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari in connection with Chhatauni P.S. Case No.88 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T