Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46415 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sujit Kumar S/O Kedar Prasad Yadav @ Kedar Rai R/O Village-Shivrahan Basudeo, P.S-Ahiyapur, District-Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ahiyapur P. S. Case No.328 of 2020, instituted for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 36 of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2021 and charge-sheet has been submitted in this case.

Allegation is of recovery of 2680.560 litre of foreign liquor from a truck.

The learned counsel for the petitioner submits that the driver of the truck Md. Sharik disclosed the name of this petitioner, who alleges that it was the petitioner, who had

Patna High Court CR. MISC. No.46415 of 2021(2) dt.10-12-2021 2/2 ordered for the liquor and on seeing the police, fled away. The learned counsel for the petitioner submits that petitioner has not been arrested from the place of occurrence and his name has come on the basis of confessional statement of the driver of the truck, which has no evidentiary value in the eye of law.

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

Considering the fact that the petitioner is in custody since 08.04.2021 and charge-sheet has been submitted in this case, 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 Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P. S. Case No.328 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T