Rakesh Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48093 of 2017 Arising Out of PS. Case No.-77 Year-2017 Thana- SHEOHAR District- Sheohar ====================================================== Rakesh Kumar Roy, son of Ram Nath Roy, resident of Tetariya, P.S. -Rajepur, District - East Champaran (Motihari). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Sri S.K. Ranjan, learned counsel, assisted by Sri Sanjay Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in Sheohar P.S. Case No. 77 of 2017 registered for the 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.

Learned counsel for the petitioner submits that save and except confessional statement of the co- accused namely, Niraj Kumar, there is no other material to connect the petitioner in the present case, whereas, petitioner is having clean antecedent, which fact has been stated in paragraph no. 3 of the petition. Learned counsel for the petitioner further submits that even the

Patna High Court Cr.Misc. No.48093 of 2017(3) dt.09-11-2017 2/2 co-accused who disclosed the name of the petitioner has already been extended the privilege of bail by order dated 06.07.2017 passed in Cr. Misc. No. 28166 of 2017 ( Annexure2 to the petition). Considering the fact that petitioner's name has come only on confession and besides confession there is no other material to connect the petitioner as submitted by learned counsel for the petitioner as well as clean antecedent of the petitioner as stated in paragraph no. 3 of the petition, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Rakesh Kumar Roy 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 District and Sessions Judge - I- cumSpecial Judge, Sheohar / concerned court in connection with Sheohar P.S. Case No. 77 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