Patna High CourtCR. MISC./47391/2023bail granted

Arvind Yadav v. The State Of Bihar

2023-07-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47391 of 2023 Arising Out of PS. Case No.-570 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Arvind Yadav Son of Sri Ramesh Yadav @ Ramesh Chaudhari Resident of Village-Tirmanpur @ Tilamapur, Police Station-Nautan, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023 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 Bihar Prohibition and Excise Amendment Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner has five antecedents and the allegation is of recovery of 990 litres of liquor from a Scorpio vehicle and one motorcycle was also seized.

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

Patna High Court CR. MISC. No.47391 of 2023(2) dt.25-07-2023 2/2 implicated based on confessional statement of Sonu Kumar and Tarkeshwar Kumar Sah in police custody which does not have any evidentiary value. It is next submitted that petitioner is not the owner of the seized vehicle.

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. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-2, Siwan, in connection with Excise P.S. Case No 570 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Sankalp/- U T