Chikku Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62043 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== Chikku Patel S/o Masan Rai Resident of Village- Nawada, P.S. Saraiya (Jaitpur O.P.), District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Agray Pratap, Adv.

Mr. Sanjay Kumar @ S.K. , Adv.

For the Opposite Party/s :

Mr. Rajeev Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Agray Pratap, learned counsel, assisted by Sri Sanjay Kumar @ S.K., learned counsel for the petitioner and Sri Rajeev Nayan, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Kathaiya P.S. Case No. 108 of 2018 registered for the offence under Section 414 of the Indian Penal Code and Sections 30(A) / 32(i), 38(ii) 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, by way of referring to the statement made in paragraph-3 of the petition, submits that the petitioner is having clean antecedent. He has further argued that petitioner's name has come in the confession/

Patna High Court Cr.Misc. No.62043 of 2018(2) dt.08-10-2018 2/2 disclosure made by co-accused. He submits that save and except the confessional statement of co-accused, there is no other material to connect the petitioner in the present case. Considering the fact that the petitioner is having clean antecedent as well as the fact that the petitioner has been made accused on the basis of confessional statement of co-accused, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Chikku Patel be enlarged 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 Special Judge, Excise Act, Muzaffarpur in connection with Kathaiya P.S.Case No. 108 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T