Satendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60604 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Satendra Kumar S/o- Sudama Prasad @ Sudam Prasad Village- Juafar PsChhauradano District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parvin Kumar For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32, 41(1) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 40 litres of liquor from the house of petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value. It is also submitted that though it is
Patna High Court CR. MISC. No.60604 of 2024(2) dt.04-10-2024 2/2 alleged that the liquor was recovered from the house of the petitioner but then it is submitted that the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is also submitted that petitioner is in custody since 25.07.2024.
4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhauradano P.S. Case No.128/2024.
(Satyavrat Verma, J) amit/- U T