Sikandar Sah @ Budhna @ Budhwa @ Sikandar Kumar @ Sikandar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23349 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== SIKANDAR SAH @ BUDHNA @ BUDHWA @ SIKANDAR KUMAR @ SIKANDAR SAO SON OF LATE BAUDHU SAH @ LATE BAUDHOO SAH @ BAUDHU SAH @ BAUDHOO SAH R/O VILLAGE- BIHAT, IBRAHIMPUR TOLA, WARD NO.-25, P.S.- BARAUNI, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. 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 Sections 414, 467, 468, 120(B) of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 09.03.2022, charge-sheet has been submitted and has antecedent of three cases.

Allegation is of recovery of 738 litres of liquor from a

Patna High Court CR. MISC. No.23349 of 2022(2) dt.13-05-2022 2/2 pick-up van.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot and name of the petitioner transpired in the confessional statement of coaccused, namely, Nikesh Kumar @ Mukesh Kumar which has no evidentiary value.

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 since 09.03.2022, charge-sheet has been submitted and was not arrested from the spot and name of the petitioner transpired in the confessional statement of co-accused, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barauni P.S. Case No. 82 of 2021.

(Satyavrat Verma, J) Kundan/- U T