Akhilesh Rai @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3441 of 2022 Arising Out of PS. Case No.-49 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

Akhilesh Rai @ Akhilesh Kumar S/O Gaya Rai R/O Village- Manorathi Tola, Baghari, P.S.- Runnisaidpur, Distt.- Sitamarhi 2.

Tapeshwar Rai @ Tapeshwar Kumar Ray S/O Gaya Rai R/O VillageManorathi Tola, Baghari, P.S.- Runnisaidpur, Distt.- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), (30(g) of the Excise Act, 2016.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 865.320 litre of liquor kept towards eastern brick wall of Ramji Rai's hut and was hidden with straw and hay-stack situated in front of the house of Ram Sakal Rai. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.3441 of 2022(2) dt.01-07-2022 2/2 recovered from their conscious possession. They came to be falsely implicated based on dirty village politics. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are persons with clean antecedent, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 3,000/- (Rupees Three Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Runnisaidpur P. S. Case No.49 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T