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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10565 of 2022 Arising Out of PS. Case No.-153 Year-2020 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== ANISH KUMAR @ AKSHAY KUMAR @ AKSHAY S/O LATE SARVAN SINGH @ SATISH CHANDRA BHARTI R/V- MILE, P.S.- BIDUPUR, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Hajipur Industrial Area P.S. Case No. 153 of 2020, Excise G.R. No. 820 of 2020 instituted for the offences under Sections 420, 467, 468 of the Indian Penal Code read with Sections 30(A), 36 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.12.2021, charge-sheet has been submitted and has antecedent of three cases.

Allegation is of recovery of 4800 litre of liquor from a

Patna High Court CR. MISC. No.10565 of 2022(2) dt.11-03-2022 2/2 truck.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Petitioner was not arrested from the spot and name of the petitioner transpired in the confessional statement of the truck driver.

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

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and was not arrested from the spot and name of the petitioner came in the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Hajipur Industrial Area P.S. Case No. 153 of 2020, Excise G.R. No. 820 of 2020.

(Satyavrat Verma, J) Kundan/- U T