Anish Kumar @ Akshay @ Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7567 of 2022 Arising Out of PS. Case No.-417 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== ANISH KUMAR @ AKSHAY @ AKSHAY KUMAR S/o Late Sarvan Singh @ Satish Chandra Bharti Resident of Village- Ward No.13, Maile, P.S.- Bidupur, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-05-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the stamp reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bidupur P.S. Case No. 417 of 2020, registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

As per allegation, police got information that the petitioner has brought illicit liquor for sale. On that informant a truck was intercepted and on search 4986 litres liquor was recovered. The driver of that truck did not reply satisfactorily.

Patna High Court CR. MISC. No.7567 of 2022(2) dt.26-05-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and Nikka Ram (the driver) has been granted bail by the coordinate Bench of this Court. He has submitted further that petitioner is under custody since 09.11.2021. He has also submitted that the charge has already been framed.

Considering the period of detention as well as taking notice of the criminal antecedents of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1 cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 417 of 2020, subject to the following conditions:- (i) If the charge has already been framed, the bail bond of the petitioner may be accepted.

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution

Patna High Court CR. MISC. No.7567 of 2022(2) dt.26-05-2022 3/3 will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T