Purushotam Yadav @ Purushotam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57382 of 2021 Arising Out of PS. Case No.-211 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== PURUSHOTAM YADAV @ PURUSHOTAM KUMAR, S/o Nawal Kishore Rai, R/o village- Bajitpur maniyapar, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari For the Opposite Party/s :

Mr. Shahabuddin Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Madhubani P.S. Case No. 211 of 2021, instituted for the offences under Sections 272, 273, 120(B), 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is in custody since 29.07.2021 and charge-sheet has been submitted in this case and allegation is of recovery of 8812.260 litres of liquor from a Truck.

The learned counsel for the petitioner submits that the name of the petitioner has come in the confessional statement of

Patna High Court CR. MISC. No.57382 of 2021(2) dt.07-01-2022 2/2 the apprehended accused persons. The learned counsel further submits that the confession before the police is not admissible in evidence.

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

Considering the fact that petitioner is in custody since 29.07.2021 and charge-sheet has been submitted, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Motihari, in connection with Madhubani P.S. Case No. 211 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T