Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20997 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- AMNAUR District- Saran ====================================================== 1.

AKHILESH KUMAR S/o Satrudhan Manjhi R/o village - Jalalpur, P.S.- Behldi, District- Saran 2.

Deepak Kumar S/o Baleshwar Mahto R/o village- Apahar, P.S.- Amnour, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the petitioners are in custody since 21.02.2022, charge-sheet has been submitted, petitioner no. 1 has one criminal antecedent and petitioner no. 2 is a person with clean antecedent. Allegation is of recovery of 280 litre of liquor from

Patna High Court CR. MISC. No.20997 of 2022(2) dt.29-04-2022 2/2 plastic bag loaded on the motorcycle.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and they had parked the motorcycle and had gone to buy some medicine when it appears that in their absence someone had kept the plastic bag on the seat of the motorcycle and they came to be implicated when the search was being made. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody since 21.02.2022, charge-sheet has been submitted and petitioner no. 2 is a person with clean antecedent, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees Five 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 Amnour P.S. Case No. 49 of 2022. (Satyavrat Verma, J) Kundan/- U T