Bade Rai @ Raushan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39627 of 2022 Arising Out of PS. Case No.-124 Year-2017 Thana- PIRO District- Bhojpur ====================================================== Bade Rai @ Raushan Pandey, S/O Umesh Pandey R/O Village- Bachari, P.S.- Piro, District- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Smita Kumari For the Opposite Party/s :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(A) and 56(A) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 820.800 litres of liquor from a truck and Hyundai Eon Car from Ara-Sasaram main road.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and his name transpired in the confessional statement of co-accused Praful Kumar. The learned counsel next submits that neither of the

Patna High Court CR. MISC. No.39627 of 2022(3) dt.23-09-2022 2/2 vehicle belongs to the petitioner and the confessional statement, as such, 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Piro (Hasan Bazar) P. S. Case No.124 of 2017, 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