Patna High CourtCR. MISC./61674/2024bail granted

Manish Rai v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61674 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Manish Rai Son of Brajraj Rai @ Vajaraj Rai Resident of Village - Rajaram Narahwan, P.S. - Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Gopalpur P.S. Case No.286 of 2023.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 26 liters of liquor from two motorcycles.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not owner of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value and is in custody since 14.06.2024.

Patna High Court CR. MISC. No.61674 of 2024(2) dt.06-09-2024 2/2

5. The learned APP for the State opposes the bail application.

6. Considering the submissions 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-IV-cum-Exclusive Special Excise Judge-II, Gopalganj in connection with Gopalpur P.S. Case No.286 of 2023.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T