Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74766 of 2018 Arising Out of PS. Case No.-514 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Mohan Kumar S/o- Natho Ram @ Natho Roy, resident of Village- Sonbarsa, P.S.- Bihpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Kotwali (Barari) P.S. Case No. 514 of 2018 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

As per the First Information Report, allegation against the petitioner is that he had fled away on seeing the police party.

Learned counsel for the petitioner submits that this petitioner has been falsely implicated in this case on the basis of the so-called confessional statement of the accused

Patna High Court Cr.Misc. No.74766 of 2018(2) dt.20-12-2018 2/3 who was arrested at the spot. The allegation is that the petitioner had fled away. It is submitted that one co-accused who was also involved in this case on the basis of the confessional statement has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr.Misc. No.62977 of 2018 vide order dated 09.10.2018. It is also submitted that the petitioner has got no criminal antecedent.

Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned 2nd District and Sessions Judge-cum-Special Judge, Excise, Bhagalpur, in connection with Kotwali (Barari) P.S. Case No. 514 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of three weeks from today and shall

Patna High Court Cr.Misc. No.74766 of 2018(2) dt.20-12-2018 3/3 cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of his bail bond. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T