Raja Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15000 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== RAJA KUMAR SAH Son of Shivjee Sah Resident of Village - Banauli, P.S. - Sursand, District - Sitamarhi- 843331.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 17.01.2022, is a person with clean antecedent and charge-sheet has been submitted in this case. Allegation is of recovery of 90 litre of liquor from a plastic bag on an Apache motorcycle.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and his name transpired in the confessional statement of co-accused Ram

Patna High Court CR. MISC. No.15000 of 2022(2) dt.29-03-2022 2/2 Nandan Purvey which has no evidentiary value. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and was not arrested from the spot and name of the petitioner came in the confessional statement of the co-accused which has no evidentiary value in the eye of law, let the petitioner, above named, be released on bail on furnishing bail bond 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 Sursand P.S. Case No. 34 of 2022. (Satyavrat Verma, J) Kundan/- U T