Md. Waris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14976 of 2022 Arising Out of PS. Case No.-339 Year-2019 Thana- JOKIHAT District- Araria ====================================================== MD. WARIS S/o Mojeeb R/o village- Choukta, P.S.- Mahalgaon (Jokihat), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 31.01.2022, charge-sheet has been submitted and has antecedent of two cases.

Allegation is of recovery of 8 litre of liquor from a plastic bag.

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

Patna High Court CR. MISC. No.14976 of 2022(2) dt.29-03-2022 2/2 namely, Md. Tanweer.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and was not arrested from the spot and name of the petitioner came in the confessional statement of 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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jokihat (Mahalgaon) P.S. Case No. 339 of 2019 corresponding to Spl. Case No. 1137 of 2019.

(Satyavrat Verma, J) Kundan/- U T