Patna High CourtCR. MISC./9914/2021bail granted

Rajeev Kumar Singh v. The State Of Bihar

2021-12-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9914 of 2021 Arising Out of PS. Case No.-623 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== RAJEEV KUMAR SINGH S/O KAMESHWAR SINGH R/O VILLAGETILAK PAKRI P.S SARAIYA DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Saraiya P.S. Case No. 623 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

350 ml of liquor is said to have been recovered from one Manish Kumar, who has disclosed that the bottle of liquor belonged to the petitioner.

The learned counsel for the petitioner has submitted that beyond the confessional statement of an arrested accused person, there is no other material to

Patna High Court CR. MISC. No.9914 of 2021(2) dt.21-12-2021 2/2 connect him with the offence.

The petitioner has clean antecedents.

Thus, it has been urged that the offence under the Excise Act cannot be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Saraiya P.S. Case No. 623 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T