Bishwkarma Yadav @ Vishwakarma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72396 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== Bishwkarma Yadav @ Vishwakarma Yadav Son Of Rajnet Yadav Resident Of Village - Yadawpur Dukhharn (Patahra), P.S. - Jadopur, District - Gopalganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Yadopur alias Jadopur P. S. Case No.137 of 2020, instituted for the offences under Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is in custody since 25.11.2021, charge-sheet has been submitted in the case and has antecedent of one case. Allegation is of recovery of 171 litre of liquor concealed in a bush near village- Pathraha Canal River. The learned counsel for the petitioner submits that petitioner was not arrested from the spot and his name was disclosed by co-accused Surendra Kumar Kushwaha, which has no evidentiary value in the eyes of law.

Patna High Court CR. MISC. No.72396 of 2021(2) dt.02-03-2022 2/2 The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, was not arrested from the spot and his name came in the confessional statement of co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Yadopur alias Jadopur P. S. Case No.137 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T