Saheb Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48650 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Saheb Rai Son Of Nanhak Rai Resident Of Village - Diwantok @ Diwantonk, P.S. - Ganga Bridge, District - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

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 Sections 30(a)(b)(c) 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 50 litres of liquor from the kiln of petitioner.

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 Ram Vinod Rai

Patna High Court CR. MISC. No.48650 of 2023(2) dt.28-07-2023 2/2 and Narayan Rai in police custody, which does not have any evidentiary value. It is next submitted that even the alleged kiln does not belong to the petitioner and police in a mechanical manner implicated him, when admittedly, petitioner is a person with clean antecedent.

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 Prohibition and Excise Court 2nd- cum- Additional District & Sessions Judge, Hajipur, Vaishali in connection with Hajipur Excise P. S. Case No.338 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