Madhuresh Kumar @ Madhuresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 56515 of 2017 Arising Out of PS. Case No.-22 Year-2017 Thana- Kaler District- Jehanabad ====================================================== Madhuresh Kumar @ Madhuresh Sharma son of Vinkatesh Sharma Resident of Village Ushari Chakia, Police Station - Mehandiya, District - Arwal. ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2017 Heard Sri Rajesh Ranjan, learned counsel for the petitioner and Smt. Anita Kumari Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody on the basis of remand since 30-10-2017 in Kaler P.S. Case No. 22 of 2017, corresponding to Excise Case No. 893 of 2017, registered for offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that save and except confessional statement of co-accused before the police, there is no other material to connect the petitioner in the present case.

Learned Addl. Public Prosecutor opposing the prayer for bail submits that in the present case, there is recovery of huge

Patna High Court Cr.Misc. No.56515 of 2017(2) dt.04-12-2017 2/2 quantity of Indian make foreign liquor, however; she has not dispute the fact that petitioner's name has come in the confessional statement of co-accused.

Considering the fact that petitioner's name has come on confession of the co-accused, that too before the police, and besides confessional statement, there is no other material, there is no reason to further detain the petitioner. Accordingly, the petitioner namely Madhuresh Kumar @ Madhuresh Sharma is directed to 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 Additional Sessions Judge - II, Jehanabad in connection with Kaler P.S. Case No. 22 of 2017, corresponding to Excise Case No. 893 of 2017.

(Rakesh Kumar, J.) anay U T