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Patna High CourtCR. MISC./33741/2018bail granted

Lalit Yadav @ Lalit Kumar @ Lalit Kumar Yadav v. The State Of Bihar

2018-06-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33741 of 2018 Arising Out of PS. Case No.-450 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Lalit Yadav @ Lalit Kumar @ Lalit Kumar Yadav , S/o Sri Ram Briksh Yadav, resident of village - Chaka (Chak), P.S.- Manigachi, (Nehra O.P.), District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Vinay Kumar Mishra For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Vinay Kumar Mishra, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, having clean antecedent , which fact has been stated in paragraph no. 3 of the petition, apprehending his arrest in connection with Bahera P.S. Case No. 450 of 2017 , registered for the offence under Section 30(a) /32 (iii) /41(i) of the Bihar Prohibition and Excise Act, 2016 subsequently G.O. Case No. 1853 of 2017 , has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that petitioner has been made accused on the basis of confessional statement of the co-accused whereas nothing was recovered either from conscious possession of the petitioner or

Patna High Court Cr.Misc. No.33741 of 2018(2) dt.26-06-2018 2/2 from his premises. He has reiterated that save and except confessional statement, there is no other material to connect the petitioner.

Learned Additional Public Prosecutor though has opposed the prayer, he was not in a position to dispute the fact that petitioner's name has come in confessional statement. Considering the fact that petitioner is having clean antecedent as well as the fact that his name has come in confessional statement, in the event of his arrest or surrender within a period of six weeks from today, let petitioner Lalit Yadav @ Lalit Kumar @ Lalit Kumar Yadav 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 4th Additional Sessions Judge cum Special Judge, Darbhanga / concerned court in connection with Bahera P.S. Case No. 450 of 2017 subsequently G.O. Case No. 1853 of 2017 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T