Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33807 of 2018 Arising Out of PS. Case No.-205 Year-2017 Thana- MALSALAMI District- Patna ====================================================== Chandan Kumar , son of Sri Rai, resident of Vill.- Sharifaganj, P.S.- Malsalami, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Yogendra Prasad Sinha, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Yogendra Prasad Sinha, learned counsel for the petitioner . None appeared on behalf of the State. The sole petitioner, apprehending his arrest in Malsalami P.S. Case No.205 of 2017 registered for the offence under Sections 272/273 of the Indian Penal Code and 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. Learned counsel for the petitioner, at the very outset, has drawn my attention to the statement made in paragraph-3 of the petition to show that it is true that the petitioner was earlier made accused in a case, but it was not in relation to offence under the Excise Act. He further submits that in the case , nothing was recovered either from the conscious possession of the petitioner or his premises, but in this case, recovery was

Patna High Court Cr.Misc. No.33807 of 2018(2) dt.27-06-2018 2/2 affected from the possession of one Ramdayal Rai and on the basis of his confessional statement made before the police, the petitioner has been made accused . It has been argued that save and except confessional statement of co-accused, there is no other cogent material to connect the petitioner. In view of facts and circumstances, particularly the fact that the petitioner has been made accused only on the basis of confessional statement of co-accused, there is no reason to refuse the prayer for anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Chandan Kumar 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 Act, Patna in connection with Malsalami P.S. Case No.205 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T