Ishmail Miyan @ Ishmail Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11501 of 2022 Arising Out of PS. Case No.-259 Year-2021 Thana- CHAKAI District- Jamui ====================================================== ISHMAIL MIYAN @ ISHMAIL SAH S/o Salim Miyan @ Md. Salim Sah R/o village- Maheshi, P.S.- Sultanganj, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in connection with Chakai P.S. Case No. 259 of 2021 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 10.01.2022, charge-sheet has been submitted in the case and has antecedent of one case. Allegation is of recovery of 138 litres of liquor from a Hyundai car.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and his name came in the confessional statement of co-accused which has no
Patna High Court CR. MISC. No.11501 of 2022(2) dt.11-03-2022 2/2 evidentiary value.
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 and was not arrested from the spot, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Jamui in connection with Chakai P.S. Case No. 259 of 2021. (Satyavrat Verma, J) Rishi/- U T