Aryman @ Chintu @ Kumar Aryaman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 60247 of 2018 Arising Out of PS. Case No.-202 Year-2018 Thana- Kasba District- Purnia ====================================================== Aryman @ Chintu @ Kumar Aryaman son of Late Prakash Narayan Mandal, resident of village Malharia, P.S. Kasba, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

28-09-2018 Heard Sri Ram Prawesh Kumar, learned counsel for the petitioner. None appeared on behalf of State. The sole petitioner, apprehending his arrest in Kasba P.S. Case No. 202 of 2018, corresponding to Special Excise Case No. 712 of 2018 registered for offence under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of 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 statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It has further been argued that petitioner in the present case has been made accused only on the basis of confessional statement of co-accused, who was driver of a tempo, from which, about 57

Patna High Court Cr.Misc. No.60247 of 2018(2) dt.28-09-2018 2/2 liters of Indian make foreign liquor was shown to be recovered. He submits that save and except confessional statement, there is no other material to connect the petitioner in the present case. Considering the nature of accusation, clean antecedent as well as the fact that petitioner's name has come in the confessional statement of the co-accused, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Aryman @ Chintu @ Kumar Aryaman 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-cumSpecial Judge, Excise, Purnea in connection with Kasba P.S. Case No. 202 of 2018, corresponding to Special Excise Case No. 712 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T