Bittu Singh @ Rajan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41709 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Bittu Singh @ Rajan Prasad, Son Of Nawal Kishor Resident Of VillageBakhari Doa, Ps- Goraul, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 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 Sections 420, 120(B) of the I.P.C. and Sections 30(a), 32(ii), 41(i) 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 4725.72 litres of liquor from 13 vehicles and one motorcycle as detailed in the F.I.R.

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 he came to be implicated based on confessional statement of Jogi Rai and

Patna High Court CR. MISC. No.41709 of 2023(2) dt.05-07-2023 2/2 Gautam Rai in police custody, which does not have any evidentiary value. It is next submitted that petitioner is not the owner of the seized vehicle.

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, Court No.2-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Patepur P. S. Case No.112 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