Patna High CourtCR. MISC./53502/2023bail granted

Sunil Kumar @ Sunil Yadav v. The State Of Bihar

2023-08-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53502 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Sunil Kumar @ Sunil Yadav, S/O Dev Narayan Yadav R/O Village- Saraigarh Bhaptiyahi Simri Kodhli, Karjain, Ps. Bhaptiyahi, Dist. Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

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 is a person with clean antecedent and the allegation is of recovery of 90 litres of liquor from a Tata Indica car 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 implicated based on confessional statement of Amit Kumar in police custody, which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.53502 of 2023(2) dt.18-08-2023 2/2 next submitted that petitioner is not the owner of any of the seized vehicles.

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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Supaul, Court No.1, Supaul in connection with Bhaptiyahi P. S. Case No.97 of 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