Brajesh Kumar @ Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20960 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Brajesh Kumar @ Brajesh Yadav, Son Of Shivchandra Rai Resident Of Village Parsauniya, Ps- Madhuban, Distt- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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, 420, 467, 468, 120B of the I.P.C. and Sections 30(a), 32, 36, 41(i) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 1845 litre of liquor from a truck, pick-up van and a motorcycle.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and his name transpired in the confessional statement of Ranjit Ram in police

Patna High Court CR. MISC. No.20960 of 2023(2) dt.15-05-2023 2/2 custody which does not have any evidentiary value and petitioner is neither the owner, nor the driver of any of the vehicle.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Motihari, East Champaran in connection with Rajepur P. S. Case No.172 of 2022, 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