Judagi Singh @ Judagee Kumar @ Prabhat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33541 of 2018 Arising Out of PS. Case No.-102 Year-2017 Thana- Mohiuddin Nagar District- Samastipur ====================================================== Judagi Singh @ Judagee Kumar @ Prabhat Singh S/o Radhe Singh @ Radheshyam Singh, R/o Vill.- Anandgolwa, P.S.- Mohiuddin Nagar, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amit Kashyap Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-06-2018 Heard Sri Amit Kashyap, learned counsel assisted by Sri Surendra Kumar Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Mohiuddin Nagar P.S. Case No. 102 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 38(i), 38(ii) 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 in this case, nothing was recovered from conscious possession of the petitioner, rather petitioner has been made accused only on the

Patna High Court Cr.Misc. No.33541 of 2018(2) dt.14-06-2018 2/2 basis of confessional statement of the co-accused from whose possession Indian make foreign liquor was shown to be recovered. It has been argued that save and except confessional statement of the co-accused, there is no other material to connect the petitioner in the present case.

Considering the fact that petitioner's name has come in the confessional statement of the co-accused, which was made before the police, as well as clean antecedent, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Judagi Singh @ Judagee Kumar @ Prabhat Singh 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 District & Sessions Judge-II, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 102 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