Patna High CourtCR. MISC./9735/2024bail granted

Suryadev Paswan v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9735 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- Excise P.S. District- Supaul ====================================================== Suryadev Paswan, Son of Sitaram Paswan Resident of Village-Thadhi Bhawanipur, Ward No.06, P.S.-Pipra, Distt.-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shahid Aqubal For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 11.100 litres of liquor from a hut like shop.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place, which does not belong to the petitioner and he came to be implicated based on confessional statement of co-accused in police custody, which does not have any

Patna High Court CR. MISC. No.9735 of 2024(2) dt.28-02-2024 2/2 evidentiary value.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Exclusive Excise Court No.2cum-A.D.J.-Vth, Supaul in connection with Supaul Excise P. S. Case No.484 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T