Sandeep Pashwan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60475 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- CHAKIA District- East Champaran ======================================================

1. Sandeep Pashwan, S/o Sri Radha Pashwan, R/o Vill.- Jitaura, P.S.- Chakiya, Distt.- East Champaran.

2. Yogendra Bhagat @ Laxmi S/o Rama Nand Bhagat, R/o Vill.- Barmadia, P.S.- Chakia, Distt.- East Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr. None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Jai Prakash Verma, learned counsel for the petitioners. None appeared on behalf of the State. Two petitioners, apprehending their arrest in Chakia P.S. Case No. 186 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail, in the event of their arrest or surrender.

At the very outset, learned counsel for the petitioners 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 except confessional statement of co-accused, there is no other material to connect the petitioners in the present case. It has been

Patna High Court Cr.Misc. No.60475 of 2018(2) dt.06-10-2018 2/2 reiterated that nothing was recovered from the conscious possession of the petitioners.

Considering the fact that petitioners are having clean antecedent as well as the fact that save and except the confessional statement, there is no other material against the petitioners, as submitted by learned counsel for the petitioners, there is no reason to refuse the prayer for anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let both the aforesaid petitioners, namely, (i)Sandeep Pashwan, (ii) Yogendra Bhagat @ Laxmi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge-cum-Special Judge, Excise, East Champaran in connection with Chakia P.S. Case No. 186 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T