Chandeshwar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49260 of 2017 Arising Out of PS. Case No.-117 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Chandeshwar Mahto, son of Ramashish Mahto, Resident of Village and P.O. Bakhra, P.S. Saraiya, District- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Vijay Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Saraiya P.S. Case no. 117 of 2017 registered for the offence under Sections 272,273/34 of the Indian Penal Code and under Sections 30(a), 38,41 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 the petitioner has been made accused only on the basis of confessional statement of co-accused. He further submits that save and except the confessional statement of the co-accused, there is no material to connect the petitioner and the petitioner is having clean antecedent, which fact has been stated in paragraph-3 of the petition.
Patna High Court Cr.Misc. No.49260 of 2017(2) dt.17-10-2017 2/2 Considering the fact that the petitioner's name has come on the basis of confessional statement as well as clean antecedent of the petitioner, let the petitioner, namely, Chandeshwar Mahto, in the event of his arrest or surrender within a period of six weeks from today, be released 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 3rd Addl. Sessions Judge-cumSpecial Judge, Excise, Muzaffarpur in connection with Saraiya P.S. Case No.117 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T