Ram Kumar Yadav @ Chotken Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23145 of 2018 Arising Out of PS. Case No.-51 Year-2017 Thana- RATANPURA District- Supaul ====================================================== Ram Kumar Yadav @ Chotken Yadav, son of Madhuri Yadav, R/o Vill.- Dahgama, Ward No. 03, P.S.- Karjain, District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun, Adv For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Arun, learned counsel for the petitioner and Sri Binod Kumar, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in S.T. ( Excise) Case No. 1003/17, arising out of Ratanpura P.S. Case No.51 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. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph no.3 of the petition to show that the petitioner is having no criminal antecedent. He further submits that save and except the confessional statement of co-accused, there is no other material to connect the petitioner . He submits that of course, huge quantity of Nepaly Country made liquor was recovered from the

Patna High Court Cr.Misc. No.23145 of 2018(2) dt.23-04-2018 2/2 possession of one of the co-accused, but as per his confessional statement , the said seized liquor was to be supplied at the house of the petitioner .

Learned Addl. Public Prosecutor has opposed the prayer for bail.

Considering the fact that the petitioner's name has come only on the basis of confessional statement of co-accused, there is no other material to connect the petitioner 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, namely, Ram Kumar Yadav @ Chotken Yadav, 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 the learned A.D.J.IInd-cum- Special Judge (Excise), Supaul in connection with S.T. Excise Case No.1003/17 arising out of Ratanpura P.S. Case No.51 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T