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Patna High CourtCR. MISC./805/2023bail granted

Prinsh Raj @ Prince Raj v. The State Of Bihar

2023-03-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.805 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- NIRMALI District- Supaul ====================================================== PRINSH RAJ @ PRINCE RAJ SON OF KHILESHWAR @ KHILESHWAR SAH R/O VILLAGE- GANDHI NAGAR (KANHUAN GODHIYARI), WARD NO. 03, MANPUR, P.S.- GAMAHARIA, DISTRICTMADHEPURA, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanchay Srivastava, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, 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 the virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 10.11.2022.

The informant alleges that 2264.580 litres of liquor was recovered from the hut of Mahesh Jha and from the house of Vinod Kumar 1260 litres of liquor was recovered. Both the recoveries were made at the instance of Santosh Jha. Learned counsel for the petitioner submits that petitioner was not arrested from the spot nor he is named in the

Patna High Court CR. MISC. No.805 of 2023(2) dt.04-03-2023 2/2 FIR rather his name came in the confessional statement of Srikant Rai which is not admissible in evidence. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the aforesaid submission, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Excise Case No. 01 of 2022 arising out of Nirmalli P.S. Case No. 01 of 2022.

(Satyavrat Verma, J) Kundan/- U T