Patna High CourtCR. MISC./23422/2024allowed

Akhilesh Yadav v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23422 of 2024 Arising Out of PS. Case No.-441 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Akhilesh Yadav Son Of Bhuti Yadav Resident Of Village- Rupbandh, PsJagdishpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 300 liters of country made liquor from a Bolero vehicle bearing Reg. No. WB0X-8582.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the recovery of liquor has been made from the possession of coaccused Mangal Kumar who was with the Bolero vehicle and he

Patna High Court CR. MISC. No.23422 of 2024(2) dt.20-03-2024 2/2 has already been granted bail by this Court vide order dated 05.04.2023 in Cr. Misc. No. 2182 of 2023. Moreover, the petitioner is languishing in judicial custody since 17.01.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jagdispur P.S. Case No. 441 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1st, Bhojpur, Ara. (Sunil Kumar Panwar, J) Shubham/- U T