Akhilesh Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14895 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- MURAR District- Buxar ====================================================== AKHILESH UPADHYAY Son of Shri Surya Kumar Upadhya Resident of Village - Ranka, P.s.- Sikraul, Distt.- Buxar at Present residing at Tara Bhawan, Mohalla- Sadhanapuri, P.s.- Gardanbagh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Pandey For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 308, 304/120B and some other minor Sections of the IPC and u/s 30(a), 37(b) of the Bihar Prohibition and Excise Act.

It is a case of consuming spurious liquor.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 30.01.2022. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioner has got identical

Patna High Court CR. MISC. No.14895 of 2022(2) dt.16-05-2022 2/2 criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T