Uday Yadav @ Uday Kumar Yadav @Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68429 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Uday Yadav @ Uday Kumar Yadav @ Uday Kumar Son of Mukho Yadav Resident of Village - Jogbani, Police Station - Gamhariya, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and Shri Sanjay Kumar Pandey, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Excise Case No. 427 of 2021 arising out of Singheshwar P.S. Case No. 149 of 2021 instituted for the offences under Section 120(B) of the Indian Penal Code read with Sections 30(a) and 41(i) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.09.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the allegation is of recovery of 4466.495 litres of liquor from a

Patna High Court CR. MISC. No.68429 of 2021(2) dt.25-02-2022 2/2 truck as detailed in the F.I.R.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot and his name came in the confessional statement of the driver of the truck who was apprehended. Learned counsel thus submits that confessional statement has no evidentiary value. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.09.2021, charge-sheet has been submitted in the case and his name came in the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Madhepura in connection with Excise Case No. 427 of 2021 arising out of Singheshwar P.S. Case No. 149 of 2021.

(Satyavrat Verma, J) Rishi/- U T