Madan Mohan Kumar @ Barkun @ Barkun Mahuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32820 of 2018 Arising Out of PS. Case No.-632 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Madan Mohan Kumar @ Barkun @ Barkun Mahuri , son of Chintaman Ram, resident of Mohalla- Lakargola, P.S.- Barbigha and Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Prasad Singh, Advocate For the Opposite Party/s :

Sri Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Dr. Anjani Prasad Singh, learned counsel for the petitioner and Shri Shyam Kumar Singh, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Barbigha P.S. Case No. 632 of 2017 (arising out of Excise Case No. 841 of 2017 ) , registered for 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.

It was submitted by learned counsel for the petitioner that petitioner's name has come in the confessional statement / disclosure made by co-accused before Police from whose possession huge quantity of Indian make foreign liquor was shown to be recovered. It has been argued that on the same

Patna High Court Cr.Misc. No.32820 of 2018(2) dt.13-06-2018 2/2 day besides the present case two other cases were instituted in similar manner. It has been argued that save and except confessional statement of co-accused, there is no other cogent material to connect the petitioner in the present case. Considering the fact that petitioner's name has come in confessional statement of co-accused and there is no other cogent material against the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Madan Mohan Kumar @ Barkun @ Barkun Mahuri be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Ist Additional District and Sessions Judge, Sheikhpura / concerned court in connection with Barbigha P.S. Case No. 632 of 2017 ( arising out of Excise Case No. 841 of 2017 ) subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T