Uday Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59376 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- AMAS District- Gaya ======================================================

1. Uday Kumar, son of Mahesh Bhuiya.

2. Arvind Bhuiyan , son of Chhote Bhuiyan.

Both are resident of village - Shiv Nagar Jamainiya, Police Station - Amas, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Gajendra Kumar Singh For the Opposite Party/s :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Gajendra Kumar Singh, learned counsel for the petitioners and Mr. Md. Fahimuddin, learned Additional Public Prosecutor.

Two petitioners, apprehending their arrest in connection with Amas P.S. Case No. 186 of 2018, registered for the offence under Section 272, 273 and 34 of the Indian Penal Code , 1860 and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners at the very outset has drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent . It has further been argued that in this case save and

Patna High Court Cr.Misc. No.59376 of 2018(2) dt.06-10-2018 2/2 except confessional statement of the co-accused, there is no other material to connect the petitioners with the present case. Considering the nature of accusation, clean antecedent of the petitioners as well as the fact that petitioners' name has come in confession of the co-accused, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners (1) Uday Kumar , and (2) Arvind Bhuiyan be enlarged on bail on furnishing bail bonds of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya / concerned court in connection with Amas P.S. Case No. 186 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T