Santosh Chaubey @ Santosh Kumar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16747 of 2022 Arising Out of PS. Case No.-401 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Santosh Chaubey @ Santosh Kumar Chaubey, Son Of Late Janardhan Chaubey R/O Village- Makritola, Ward No.13, P.S.- Sahebganj, DistrictMuzaffarpur .. ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjeet Patel For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that he received secret information that Dinesh Ray had kept liquor in his betel shop situated at Morhar Chowk. Accordingly, the place was raided and on seeing the police, the accused started fleeing, but one of the accused was caught, who disclosed his name as Dinesh Kumar. Further on search, 79.920 litre of liquor along with mobile phone were recovered. The apprehended accused disclosed the name of the petitioner and Arun Kumar alleging that they had brought the liquor by a

Patna High Court CR. MISC. No.16747 of 2022(2) dt.14-06-2022 2/2 vehicle as detailed in the F.I.R.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Admittedly, nothing was recovered from his conscious possession. The name transpired in the confessional statement of apprehended accused which has no evidentiary value. Learned A.P.P. opposes the bail application.

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. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sahebganj P. S. Case No.401 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T