Jay Kumar @ Sutakiyan @ Jay Kumar Sutakiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37619 of 2017 Arising Out of PS. Case No.-1658 Year-2017 Thana- Government Official Comp. DistrictPurnia ====================================================== Jay Kumar @ Sutakiyan @ Jay Kumar Sutakiyan Son of Anil Prasad Yadav, R/o Village- Kajha Baniyapatti, P.S.- K. Nagar, District- Purnia. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Girdhar Gopal Tiwary For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

22-11-2017 Heard Sri Girdhar Gopal Tiwary, learned counsel for the petitioner and Sri Narendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is having clean antecedent which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Special Case No. 1658 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 save and except confessional statement of co-accused, there is no other material to connect the petitioner in the case. Learned Addl. Public Prosecutor, though has opposed the

Patna High Court Cr.Misc. No.37619 of 2017(3) dt.22-11-2017 2/2 prayer for anticipatory bail, he was not in a position to dispute the fact that petitioner's name has come only in confessional statement of co-accused.

Considering the fact that petitioner's name has come only in confessional statement of co-accused that too before police as well as clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Jay Kumar @ Sutakiyan @ Jay Kumar Sutakiyan 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 Additional Sessions Judge IIcum-Special Judge (Excise Act), Purnia in connection with Special Case No. 1658 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