Vinay Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27231 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Vinay Jaiswal, Son Of Late Jay Mangal Chaudhari Residents Of Village Parsurampur Ward No 8 Police Station Parsauni District Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 18 litre of liquor from a place near the house of Sant Lal Chaudhary.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery is from an open field in front of the house of Sant Lal Chaudhary with which petitioner has no

Patna High Court CR. MISC. No.27231 of 2023(2) dt.16-05-2023 2/2 concern and he came to be implicated based on confessional statement of co-accused in police custody, which does not have any evidentiary value.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court 2nd, Sitamarhi in connection with Parsauni P. S. Case No.15 of 2023, 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