Patna High CourtCR. MISC./62075/2021bail granted

Manish Kumar Singh v. The State Of Bihar

2022-01-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62075 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- KURSAKANTA District- Araria ====================================================== Manish Kumar Singh, Son Of Saudagar Singh R/O Village- Pahunsi, Ward No.-02 P.S.- Kursakanta (Kuwari O.P.), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Kursakanta (Kuwari O.P.) P.S. Case No. 107 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 14.06.2021, 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 260.700 litres of liquor from a bag which was carried on a motorcycle and one person was arrested who disclosed the name of the petitioner as accused who fled seeing the police.

Patna High Court CR. MISC. No.62075 of 2021(2) dt.28-01-2022 2/2 Learned counsel for the petitioner submits that admittedly the petitioner was not arrested from the place of occurrence and his name transpired in the confessional statement of the co-accused which has no evidentiary value in the eyes of law.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 14.06.2021, 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Spl. Judge, Araria in connection with Kursakanta (Kuwari O.P.) P.S. Case No. 107 of 2021. (Satyavrat Verma, J) Rishi/- U T