Patna High CourtCR. MISC./4069/2024bail granted

Umesh Sah @ Umesh Kumar @ Umesh Saw v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4069 of 2024 Arising Out of PS. Case No.-42 Year-2011 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== UMESH SAH @ UMESH KUMAR @ UMESH SAW S/O BAL MUKUND SAW @ BAL MUKUND SAH R/O VILLAGE - NAYA BAZAR, LAKHISARAI, P.S. - LAKHISARAI, DISTRICT - LAKHISARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

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

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No.42C2 of 2011 registered for the offence punishable under Section 47(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. An allegation is of recovery of 80 litres of liquor from a Durga temple. It is next submitted that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession rather he came to be implicated based on confessional statement of co-accused Sunil Kumar in police custody. It is next submitted that confessional statement

Patna High Court CR. MISC. No.4069 of 2024(2) dt.13-02-2024 2/2 in police custody does not have any evidentiary value in the eye of law.

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

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V-cum-Exclusive Special Excise Court No.2, Excise Act, Lakhisarai in connection with Excise P.S. Case No.42C2 of 2011, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T