Patna High CourtCR. MISC./58380/2021bail granted

Virendra Sahani @ Birendra Sahani v. The State Of Bihar

2022-01-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58380 of 2021 Arising Out of PS. Case No.-242 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== Virendra Sahani @ Birendra Sahani Son of Sarup Sahani @ Sorup Sahani Resident of Village - Inarwa, P.O. Khajuri, P.S. - Inarwa, District - Dhanusha (Nepal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and Shri Parmanand Kumar, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Jaynagar P.S. Case No. 242 of 2021 dated 30.06.2021 instituted for the offences under Section 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 510 litres of Nepali liquor and the petitioner has confessed before the police that he was indulged

Patna High Court CR. MISC. No.58380 of 2021(2) dt.07-01-2022 2/2 in illegal liquor trade.

Learned counsel for the petitioner submits that confession was made under duress and as such confession made before the police does not have any evidentiary value. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 31.08.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 242 of 2021.

(Satyavrat Verma, J) Rishi/- U T