Patna High CourtCR. MISC./79949/2024bail granted

Desai Sah @ Desai Kumar v. The State Of Bihar

2024-12-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79949 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Desai Sah @ Desai Kumar S/o- Rajendra Sah @ Chilhan Sah VillageKhawagpur, P.s- Doriganj, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 350 litres of liquor from a cremation ground.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on confessional statement of Krishna

Patna High Court CR. MISC. No.79949 of 2024(2) dt.06-12-2024 2/2 Chaudhary in police custody which does not have any evidentiary value. It is next submitted that petitioner is in custody since 15.10.2024.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Doriganj P.S. Case No. 303 of 2023.

(Satyavrat Verma, J) Rishabh/- U T