Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64671 of 2021 Arising Out of PS. Case No.-401 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ARUN KUMAR SON OF MISHRI LAL RAY R/O VILLAGE- ASHAPATTI (PARSAUNI), P.S.- SAHEBGANJ, DISTRICT- MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 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 Sahebganj P.S. Case No. 401 of 2021 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 30.08.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 79.920 litre of liquor. Learned counsel for the petitioner submits that petitioner was not arrested from the spot and name transpired in the confessional statement of co-accused Dinesh Kumar which
Patna High Court CR. MISC. No.64671 of 2021(2) dt.04-02-2022 2/2 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, 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.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Sahebganj P.S. Case No. 401 of 2021. (Satyavrat Verma, J) Kundan/- U T