Bechan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61367 of 2021 Arising Out of PS. Case No.-334 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== BECHAN MUKHIYA S/o- Monai Mukhiya Resident of Village- Chaklabandi Fulwari, Sursand, P.S.- Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, A.P.P.

====================================================== 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. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sursand P.S. Case No. 334 of 2021 instituted for the offences under Section 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.08.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 351.900 litre of Nepali liquor from a car and Virendra Ray was arrested and he disclosed the name of the petitioner as the person involved in

Patna High Court CR. MISC. No.61367 of 2021(2) dt.28-01-2022 2/2 transportation of the liquor.

Learned counsel for the petitioner submits that petitioner was not arrested from the place of occurrence and his name came based on the confessional statement of co-accused which has no evidentiary value in the eye of law. 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, is a person with clean antecedent and charge-sheet has been submitted and name of the petitioner transpired in the confessional statement of co-accused, 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 Additional Sessions Judge-IIcum-Special Judge, Excise Act, Sitamarhi in connection with Sursand P.S. Case No. 334 of 2021.

(Satyavrat Verma, J) Kundan/- U T