Vinod Kumar @ Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1363 of 2023 Arising Out of PS. Case No.-289 Year-2018 Thana- GORAUL District- Vaishali ====================================================== VINOD KUMAR @ VINOD SAH Son of Ramchandra Sah R/v- Kerma Naya Tola, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 414, 427 and 34 of the Indian Penal Code and Sections 30(a), 32(2) @ 32 (ii), 41(1) @, 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 04.12.2022 and is a person with clean antecedent.

The allegation is of recovery of 619.920 liters of liquor from a Bolero pickup.

Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the alleged vehicle nor he was arrested from the spot, it is next submitted

Patna High Court CR. MISC. No.1363 of 2023(2) dt.04-03-2023 2/2 that his name transpired in the confessional statement of Manish Kumar in policy custody which does not have any 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, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Goraul (Kathara O.P.) P.S. Case No. 289 of 2018.

(Satyavrat Verma, J) GauravSinha/- U T