Patna High Court - Orders
Sawali Rai @ Savaliya Yadav vs The State Of Bihar on 26 June, 2018
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33647 of 2018
Arising Out of PS. Case No.-30 Year-2018 Thana- BHANGWANPUR HAT District- Siwan
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Sawali Rai @ Savaliya Yadav, S/o Late Sudarshan Rai, R/o village-
Matanpura, P.S.- Bhagwanpur Hat, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Sri Harendra Prasad
For the Opposite Party/s : Smt. Sharda Kumari, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
3 26-06-2018Heard Sri Harendra Prasad , learned counsel for the petitioner and Smt. Sharda Kumari, 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 Bhagwanpur Hat P.S. Case No. 30 of 2018 , registered for the offence under Sections 272, 273, 308, 420 of the Indian Penal Code, 1860 and Section 30(a)/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 by way of referring to the F.I.R. submits that nothing was recovered Patna High Court Cr.Misc. No.33647 of 2018(3) dt.26-06-2018 2/3 either from conscious possession of the petitioner or from his premises / field , rather in the case recovery was affected from the house of two accused persons and as per their confessional statement petitioner along with others were made accused. He submits that save and except confessional statement of the co-accused, there is no other cogent material to connect the petitioner in the present case.
Considering the fact that petitioner is having clean antecedent as well as the fact that he has been made accused on the basis of confessional statement of the co- accused and nothing was recovered either from his house or from conscious possession of the petitioner , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Sawali Rai @ Savaliya 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 Addl. Sessions Judge - II cum Special Judge, Bihar Excise and Prohibition Act, Siwan / concerned court in connection with Bhagwanpur Hat P.S. Case No. 30 of 2018 subject to the conditions Patna High Court Cr.Misc. No.33647 of 2018(3) dt.26-06-2018 3/3 as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J) praful/-
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