Gaurav Kumar @ Nagey @ Nago v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53736 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Gaurav Kumar alias Nagey alias Nago, son of Shambhu Singh, resident of village - Dhanaur, P.S. - Katra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Ravi Ranjan For the Opposite Party/s :

Sri Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Ravi Ranjan, leaned counsel for the petitioner and Sri Ramchandra Sahani, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Katra P.S. Case No. 135 of 2018 , registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 30[A], 36, 38 of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that nothing was recovered from possession of the petitioner rather in the case recovery of huge quantity of Indian make foreign liquor was shown from the possession of one of the coaccused namely, Chitranjan @ Kalu and petitioner has been

Patna High Court Cr.Misc. No.53736 of 2018(3) dt.11-09-2018 2/2 arrayed as accused on the basis of confessional statement of the said co-accused. It has been argued that save and except confessional statement , there is no other material to connect the petitioner in the present case.

In view of the facts and circumstances particularly the fact that petitioner has been arrayed as accused on the basis of disclosure made by co- accused , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Gaurav Kumar alias Nagey alias Nago 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 Spl. Judge, Excise, Muzaffarpur / concerned court in connection with Katra P.S. Case No. 135 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