Ramadhar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43547 of 2017 Arising Out of PS. Case No.-173 Year-2016 Thana- MADHUBAN District- East Champaran ====================================================== Ramadhar Sah, S/o Bhadai Sah, Resident of Village-Bathna, P.S.-Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Dhananjay Nath Tiwari , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in Madhuban P.S. Case No. 173 of 2016 registered for the offence under Section 47, 49, 50(D), 51, 52, 54, 57 of the Bihar Excise Amendment Act, 2016 and Section 272, 273 of the Indian Penal Code, 1860 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 material to connect the petitioner in the present case. Besides this, petitioner is having clean antecedent, which fact has been stated in paragraph no. 3 of the petition. In view of the fact that petitioner's name has come only on

Patna High Court Cr.Misc. No.43547 of 2017(2) dt.17-10-2017 2/2 confession of the co -accused as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Ramadhar Sah 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 Addl. Chief Judicial Magistrate IVth, East Champaran at Motihari / concerned court in connection with Madhuban P.S. Case No. 173 of 2016 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T