Akash Kumar @ Malinga @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21024 of 2023 Arising Out of PS. Case No.-228 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== Akash Kumar @ Malinga @ Shivam Kumar, Son Of Awadh Singh Resident Of Village - Salempur, P.S.- Surajgarha (Manikpur), District - Lakhisarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 16.875 litre of liquor from a sack kept on a motorcycle.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner, nor the driver of the motorcycle and he came to be implicated at the instance of

Patna High Court CR. MISC. No.21024 of 2023(2) dt.15-05-2023 2/2 Chaukidar with whom he is on an inimical term, when admittedly, petitioner is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeIvth-cum-Special Excise Court-1st, Lakhisarai in connection with Surajgarha P. S. Case No.228 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T