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Patna High CourtCR. MISC./49950/2017bail granted

Rajesh Mukhiya v. The State Of Bihar

2017-10-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49950 of 2017 Arising Out of PS. Case No.-465 Year-2016 Thana- Ghorasahan District- East Champaran ====================================================== Rajesh Mukhiya, son of Ganesh Mukhiya, resident of Basantpur, P.S. Kundwa, Chainpur, Distt. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anang Mohan Sinha For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-10-2017 Heard Sri Anang Mohan Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Ghorasahan P.S. Case No. 465 of 2016 registered for offence under Sections 30(a), 36 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 petitioner has been made accused only on confessional statement of co-accused and save & except confessional statement, there is no other material against the petitioner and petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition.

Considering the fact that petitioner has been made

Patna High Court Cr.Misc. No.49950 of 2017(2) dt.17-10-2017 2/2 accused on the basis of confessional statement of the co-accused as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Rajesh Mukhiya 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 Special Judge of Excise, Motihari in connection with Ghorasahan P.S. Case No. 465 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T