Shyam Babu Rai @ Shyam Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21594 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shyam Babu Rai @ Shyam Babu Yadav, Son Of Late Dhanush Rai @ Dhanukh Rai R/O Village- Kauriya, Lalpur, P.S.- Runnisaidpur, DistrictSitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 36, 41(i) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is in custody since 25.01.2022, charge-sheet has been submitted in this case and has antecedent of 12 cases. Allegation is of recovery of 875.280 litre of liquor from several cartons from a truck and a motorcycle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot and his name transpired in the confessional statement of co-accused Ravindra

Patna High Court CR. MISC. No.21594 of 2022(2) dt.06-05-2022 2/2 Rai, which has no evidentiary value.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and was not arrested from the spot 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Runnisaidpur P. S. Case No.493 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T