Patna High CourtCR. MISC./3243/2022bail granted

Guddu Yadav v. The State Of Bihar

2022-03-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3243 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== Guddu Yadav, S/O Late Dhama Yadav, R/o Village- Lahsi Bijaipur Tola, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2022 Heard Mr. Vyas Kumar Mishra, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned APP for the State through virtual proceedings.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in connection with Uchkagaon P.S. Case No. 227 of 2021 registered under Sections 272/273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-b)a, 26, 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioners are in custody since 02.11.2021, charge-sheet has been submitted and has antecedent of one case and allegation is of recovery of 439.500 litres of foreign liquor, as detailed in the F.I.R. and country made pistol from Baliram Kumar.

Patna High Court CR. MISC. No.3243 of 2022(2) dt.04-03-2022 2/2 Learned counsel for the petitioner submit that the petitioner was not arrested at the spot and his name came in the confessional statement of co-accused, which has no evidentiary value.

Learned APP opposes the bail application of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and was not arrested at the spot and his name came in the confessional statement of co-accused, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Gopalganj in connection with Uchkagaon P.S. Case No. 227 of 2021.

(Satyavrat Verma, J) uday/- U T