Akhilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14054 of 2019 Arising Out of PS. Case No.-232 Year-2018 Thana- SISWAN District- Siwan ====================================================== Akhilesh Kumar Yadav, aged about 25 years (Male), Son of Panchdev Yadav, Resident of Village-Raghunathpur, P.S.-Raghunathpur, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 10.11.2018 in a case registered for the offences punishable under Sections 272, 273, 308, 420, 414 of the Indian Penal Code and Sections 30(a), 38(i) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the motorcycle of the petitioner, 69.120 litres of illicit Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that on the basis of mere suspicion, the petitioner has been apprehended by the police and a statement has been made in paragraph 3 of the petition that the petitioner is not having any

Patna High Court CR. MISC. No.14054 of 2019(2) dt.07-03-2019 2/2 criminal antecedent.

Learned APP submits that the recovery has been made from the motorcycle of the petitioner.

Considering the fact that the investigation has already been concluded, the impugned order does not suggest that the recovered material has not been sent for its chemical examination, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise, Siwan in connection with Siswan P.S. Case No. 232 of 2018. (Dinesh Kumar Singh, J) DKS/- U T