Patna High CourtCR. MISC./44655/2023bail granted

Devrishi Kumar @ Baba v. The State Of Bihar

2023-07-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44655 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- RAIL JHAJHA District- Jamui ====================================================== Devrishi Kumar @ Baba, Son Of Rajwali Ray R/O Village- Garhochak, PsNadi, Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. 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.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 33 litres of liquor from Bhim Mandal. Further, 199.5 litres of liquor from Coach S-7 of Puri-Patna Express Train.

4. 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 Bhim Mandal in

Patna High Court CR. MISC. No.44655 of 2023(2) dt.17-07-2023 2/2 police custody, which does not have any evidentiary value. It is next submitted that even the alleged recovery is from a place, which is accessible to public at large.

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

6. 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Presiding Officer, Exclusive Excise Court-1, Jamui in connection with Jhajha P. S. Case No.230 of 2022 dated 24.12.2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T