Indrajeet Kumar @ Indrajeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30795 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Indrajeet Kumar @ Indrajeet Yadav, S/O Badelal Yadav @ Badelal Chaudhari Resident Of Village- Sidhwal, P.S. Hussainganj, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 21 litre of liquor from a place in front of the door of Chandan Yadav concealed in straw and Chandan along with Mundrika Chaudhary were arrested and they disclosed the name of the petitioner.

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

Patna High Court CR. MISC. No.30795 of 2023(2) dt.19-05-2023 2/2 that he came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent. It is also submitted that petitioner has no concern with Chandan Yadav and Mudrika Chaudhary. 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 Judge Excise-1, Siwan in connection with Hussainganj P. S. Case No.72 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