Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14364 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Kanhaiya Kumar S/O Manoj Kumar Manohar R/O Village- Jandaha (Arniya), P.S.- Jandaha, District- Vaishali ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar For the Opposite Party/s :
Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Excise Act, 2018.
The learned counsel for the petitioner submits that the petitioner is in custody since 19.01.2022, charge-sheet has been submitted in the case and has antecedent of two cases. Allegation is of recovery of 59 litre of liquor from a Bikram vehicle.
The learned counsel for the petitioner submits that petitioner was not arrested from the spot rather his name came in the confessional statement of co-accused Dev Shankar Rai, which has no evidentiary value.
Patna High Court CR. MISC. No.14364 of 2022(2) dt.29-03-2022 2/2 The learned A.P.P. for the State opposes the bail application.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and his name came in the confessional statement of co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jandaha P. S. Case No.17 of 2022.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T