Santosh Kr Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4738 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- FULKAHA District- Araria ====================================================== Santosh Kr Yadav S/O Sri Udranand Yadav @ Udyanand Yadav R/O VillageManikpur, Ward No. 08, P.S.- Fulkaha, District-Araria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, 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 Special Excise Case No. 813 of 2021 arising out of Fulkaha P.S. Case No. 137 of 2021 instituted for the offences under Sections 30(a) and 41(i) of the Bihar Excise Act read with Sections 25(1-b)a, 26 and 35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 17.12.2021, charge-sheet has been submitted in the case and has antecedent of two cases. Learned counsel for the petitioner submits that the allegation is of recovery of 210 litres of liquor, one countrymade revolver and one pistol from WagonR car. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4738 of 2022(2) dt.07-03-2022 2/2 petitioner was not arrested from the spot and his name came in the confessional statement of co-accused as such it is submitted that nothing was recovered form the conscious possession of the petitioner.
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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Special Excise Case No. 813 of 2021 arising out of Fulkaha P.S. Case No. 137 of 2021. (Satyavrat Verma, J) Rishi/- U T