Shiv Mangal Rai @ Shiv Mangal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71774 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- SARAI District- Vaishali ====================================================== Shiv Mangal Rai @ Shiv Mangal Yadav Son of Ramjee Rai Resident of Village- Manpura near Kanhauli Bazar, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sarai P.S. Case No. 232 of 2020 instituted for the offences under Sections 30(a), 32(ii), 34(ii) and 41(i) of the Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 27.09.2021, charge-sheet has been submitted in the case and has antecedent of five cases. Learned counsel for the petitioner submits that the allegation is of recovery of 1299.24 litres of liquor from a pickup van.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and his name came in the confessional statement of co-accused Niranjan Kumar which

Patna High Court CR. MISC. No.71774 of 2021(2) dt.28-02-2022 2/2 has no evidentiary value. It is further submitted that the petitioner has been falsely implicated merely because of his antecedents at the behest of the police.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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 the co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Sarai P.S. Case No. 232 of 2020.

(Satyavrat Verma, J) Rishi/- U T