Patna High CourtCR. MISC./36924/2020bail granted

Rajesh Kumar v. The State Of Bihar

2021-04-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36924 of 2020 Arising Out of PS. Case No.-206 Year-2020 Thana- DIGHWARA District- Saran ====================================================== 1.

Rajesh Kumar, aged about 25 years, male, S/o Ramesh Rai. 2.

Rakesh Kumar, aged about 27 years, male, S/o Ramesh Rai. Both are R/o Vill.-Sabalpur, P.S.-Sonepur, Distt.-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Kumari, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard Ms. Kanchan Kumari, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Dighwara P.S. Case No. 206 of 2020, dated 17.08.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.36924 of 2020(2) dt.08-04-2021 2/3 475.20 litres of liquor is said to have been recovered from a vehicle and the petitioners are being prosecuted in this case on the basis of the statement made by an arrested accused person.

It has been submitted on behalf of the petitioners that apart from the aforesaid confessional statement of an arrested accused persons, there is no other material to connect them with the offence. It has further been submitted that some of the other accused persons of this case have been granted bail.

The petitioners do not have criminal antecedents. Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions JudgeCum-Special Judge, Excise, Saran in connection with Dighwara P.S. Case No. 206 of 2020, subject to the

Patna High Court CR. MISC. No.36924 of 2020(2) dt.08-04-2021 3/3 conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T