Om Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60494 of 2018 Arising Out of PS. Case No.-502 Year-2017 Thana- FATUA District- Patna ====================================================== Om Prakash Paswan, aged about 52 Years, son of Late Jaishankar Paswan, resident of Mohalla- Faypura, P.O.- & P.S.- Fatuha, Town and District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Dhaneshwar Prasad Gupta, learned counsel for the petitioner and Sri Tapeshwar Sharma, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Fatuha P.S. Case No. 502 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that petitioner is having clean antecedent. He further submits that the petitioner has been arrayed as accused on the basis of confessional statement of co-accused, otherwise, there is no other material to connect the petitioner in the present case.

Patna High Court Cr.Misc. No.60494 of 2018(2) dt.06-10-2018 2/2 Considering the fact that the petitioner is having clean antecedent as well as the fact that he has been made accused only on the basis of confessional statement of the co-accused, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Om Prakash Paswan 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 Excise, Patna in connection with Fatuha P.S. Case No. 502 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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