Patna High CourtCR. MISC./57277/2024bail granted

Subhash Kumar v. The State Of Bihar

2024-08-09Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57277 of 2024 Arising Out of PS. Case No.-1004 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Subhash Kumar, Son Of Chhathu Sahni, Resident Of Village - Sakriman, P.S. - Piyar, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 583.200 litres of liquor from an auto and 64.800 litres of liquor from a pick-up van.

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 is not the owner of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police

Patna High Court CR. MISC. No.57277 of 2024(2) dt.09-08-2024 2/2 custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the bail application.

6. Considering the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur in connection with Muzaffarpur Town P. S. Case No.1004 of 2023

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T