Deepak Kumar Yadav @ Chhotu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 62709 of 2018 Arising Out of PS. Case No.-537 Year-2018 Thana- Barachatti District- Gaya ====================================================== Deepak Kumar Yadav @ Chhotu Kumar Yadav S/o Prakash Yadav @ Pragash Yadav, Resident of Village- Siriyama, P.S.- Mohanpur, Distt.- Gaya. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

08-10-2018 Heard Sri Sanjay Kumar Sharma, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Barachhatti (Mohanpur) P.S. Case No. 537 of 2018 (G.R.No. 1692 of 2018) registered for offence under Sections 30(a)/30(d) 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. He further, by way of referring to F.I.R., submits that the petitioner has been arrayed as accused on the basis of confession made by one of the co-accused, who was apprehended by the police with a 3-wheeler loaded with three bags containing 50 kg. each of mahua flower. It has been reiterated that save and

Patna High Court Cr.Misc. No.62709 of 2018(2) dt.08-10-2018 2/2 except confessional statement of co-accused, there is no other material to connect the petitioner in the present case. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 6 of the petition to show that petitioner was not having any connection either with the seized vehicle or recovered mahua flowers.

In view of facts and circumstances, particularly the fact that petitioner's name has come on the basis of disclosure/confession made by co-accused as well as clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Deepak Kumar Yadav @ Chhotu Kumar Yadav 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 Special Judge (Excise Act), Gaya in connection with Barachhatti (Mohanpur) P.S. Case No. 537 of 2018 (G.R. No. 1692 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