Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33344 of 2018 Arising Out of PS. Case No.-1158 Year-2017 Thana- Saharsa District- Saharsa ====================================================== Manish Kumar, Son of Bijendra Yadav, Resident of Village- Diwari, P.S.- Sonbarsa Kachhari, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

26-06-2018 Heard Sri Amarnath Jha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Saharsa Sadar (Sonbarsa Kachhari) P.S. Case No. 1158 of 2017 (Spl. Case No. 517 of 2017) registered for offence under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner submits that one of the co-accused namely Prashant Singh @ Prashant Kumar, in similar circumstance, has been granted anticipatory bail by order dated 20-03-2018 passed in Cr. Misc. No. 15939 of 2018. It has also been argued that save and except confessional

Patna High Court Cr.Misc. No.33344 of 2018(2) dt.26-06-2018 2/2 statement of co-accused, there is no other material to connect the petitioner in the present case.

Since co-accused in similar circumstance has already been extended the privilege of anticipatory bail, there is no reason to pass a different order in the present case. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Manish Kumar be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II-cum-Special Judge (Excise), Saharsa in connection with Saharsa Sadar P.S. Case No. 1158 of 2017 (Spl. Case No. 517 of 2017), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T