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Patna High CourtCR. MISC./37046/2018bail granted

Brajesh @ Brijesh @ Brijesh Rai @ Brijesh Kumar Singh @ Brijesh Kumar Rai v. The State Of Bihar

2018-06-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37046 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- Kuchaikote District- Gopalganj ====================================================== Brajesh @ Brijesh @ Brijesh Rai @ Brijesh Kumar Rai @ Brijesh Kumar Singh, son of Devbrat Rai, Resident of village - Jalalpur, Police Station - Kuchaikote, District - Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

29-06-2018 Heard Sri Umesh Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Kuchaikote P.S. Case No. 114 of 2018 registered for offence under Sections 30(a) (b) (c), 38, 41 (a) (b) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail. Learned counsel for the petitioner submits that petitioner is having clean antecedent and this fact has been stated in paragraph 3 of the petition. He further submits that petitioner has been made accused only on the basis of confessional statement of co-accused, from whose possession, about 12 litres of Indian make foreign liquor was shown to be recovered. It has been reiterated that save and except

Patna High Court Cr.Misc. No.37046 of 2018(2) dt.29-06-2018 2/2 confessional statement of co-accused, there is no other material to connect the petitioner in the present case. In view of facts & circumstances, clean antecedent as well as the fact that his name has come in confessional statement of co-accused, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Brajesh @ Brijesh @ Brijesh Rai @ Brijesh Kumar Rai @ Brijesh Kumar Singh be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-II-cum-Special Judge, Gopalganj in connection with Kuchaikote P.S. Case No. 114 of 2018, corresponding to Gr. no. 1606 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T