Sonu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36534 of 2018 Arising Out of PS. Case No.-277 Year-2017 Thana- Kargahar District- Rohtas ====================================================== Sonu Sah son of Birendra Gupta @ Birendra Sahu @ Birendra Sah resident of Village : Bilaspur, P.S. Kargahar, District Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikramdeo Singh Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Vikram Deo Singh, learned counsel assisted by Sri Sada Nand Roy, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Kargahar P.S. Case No. 277 of 2017 registered for offence under Sections 272, 273, 120B of Indian Penal Code and Sections 30(a), 35, 41 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.

At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He has further drawn my attention to the F.I.R. to show that petitioner's name has come in confessional statement of coaccused. He submits that it is a peculiar case that on the basis of

Patna High Court Cr.Misc. No.36534 of 2018(2) dt.03-07-2018 2/2 confessional statement of co-accused, more than 35 persons have been arrayed as accused. It has also been argued that in this case, from the conscious possession of the petitioner, no recovery was effected. According to learned counsel for the petitioner, save and except confessional statement of coaccused, there is no other material. In view of the fact, particularly; the fact that petitioner is having clean antecedent as well as the fact that his name has come in the confessional statement of co-accused, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Sonu Sah 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas, Sasaram in connection with Kargahar P.S. Case No. 277 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T