Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22004 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- SACHIVALAYA District- Patna ====================================================== Akhilesh Kumar S/o Krishna Nandan Ray R/o B.K.Dutta Lane, P.S.- Jakkanpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. Initially, learned counsel for the petitioner submits that, inadvertently in paragraph nos. '5' and '10', the quantity of recovered illicit liquor has been typed as '2.700' ltr in place of '6.450' ltr. He is directed to correct the said mistakes at both paragraph nos. '5' and '10' in course of day.

3. The petitioner is apprehending arrest in connection with Sachiwalay P.S. Case No. 192 of 2024 lodged on 19.12.2024, for the offence punishable under Section 30(a) of the Bihar Excise & Prohibition Act.

4. As per the prosecution case, total recovery of 6.450 litres of illicit liquor has been made which is the subject matter of the present case.

5. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22004 of 2025(2) dt.02-05-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that the petitioner is the owner of the said Scooty and he has provided his Scooty to one of his co-villager and he is completely unaware of the fact that co-village has committed this illegal work. Counsel submits that criminal antecedent of the petitioner is clean and he undertakes before this Hon'ble Court that in future such mistake shall not take place.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of learned Special Judge, Excise-(ii), Patna, in connection with Sachiwalay P.S. Case No. 192 of 2024, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dr. Anshuman, J) anand/- U T