Patna High CourtCR. MISC./3957/2022bail granted

Rupesh Kumar v. The State Of Bihar

2022-03-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3957 of 2022 Arising Out of PS. Case No.-115 Year-2020 Thana- CHAKAI District- Jamui ====================================================== RUPESH KUMAR Son of Bijay Mandal Resident of Village- Munsi Patti Baikuntpur, Dudhalla, P.S. Sultanganj, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Chakai P.S. Case No. 115 of 2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Sections 30(a) and 41 of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the allegation is of recovery of 585 litres of liquor from a pickup van.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot, he was neither the

Patna High Court CR. MISC. No.3957 of 2022(2) dt.07-03-2022 2/2 driver nor the owner of the vehicle and came to be implicated based on the confessional statement of Lal Bahadur Mandal and Bipin Mandal.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, he was not arrested from the spot and his name came in the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Jamui in connection with Chakai P.S. Case No. 115 of 2020. (Satyavrat Verma, J) Rishi/- U T