Rahul Maurya @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48417 of 2017 Arising Out of PS. Case No.-617 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Rahul Maurya @ Rahul Kumar, Son of Sheo Pujan Maurya (father's name of the petitioner is wrongly mentioned as Manoj Singh in the F.I.R.), Resident of Mohalla- Param Nagar (MICO), P.S.- Sasaram (Town), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Sada Nand Roy For the Opposite Party/s :

Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Sri Sada Nand Roy, learned counsel for the petitioner and Sri Bhanu Pratap Singh, learned Additional Public Prosecutor. The sole petitioner , apprehending his arrest in Sasaram (Muffasil ) P.S. Case No. 617 of 2017 registered for the offence under section 414 of the Indian Penal Code , 1860 and Section 30(a), 35, 38 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 the co- accused , there is no other cogent evidence showing implication of the petitioner. In this case earlier case diary was called for, which has been received and Sri Bhanu Pratap Singh, learned Additional Public Prosecutor after examining case diary submits that it is true that any independent witness has not stated anything about involvement of the petitioner,

Patna High Court Cr.Misc. No.48417 of 2017(3) dt.09-11-2017 2/2 but more than three Police officials have supported the prosecution case.

Considering the fact that only material against the petitioner is confessional statement of the co- accused and there is no other cogent material, there is no reason to refuse the prayer for grant of 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 Rahul Maurya @ Rahul Kumar 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 Additional Sessions Judge - II - cum - Special Court, Excise , Rohtas at Sasaram / concerned court in connection with Sasaram (Muffasil ) P.S. Case No. 617 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