Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25139 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== AKHILESH KUMAR S/o- Sikandar Paswan Resident of Village - Basra Sukul, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 read with 34 of the Indian Penal Code, 30A of the Bihar Prohibition & Excise Act u/s 20, 22 of the N.D.P.S Act and 25 (1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on seeing the police five miscreants boarded on a Swift Dzire car tried to flee away but they were apprehended by the police and they also disclosed their names as Pintu Kumar, Vikash Kumar, Virendra Paswan, Akhilesh Kumar and Raj Kishore and from the search of Vikash

Patna High Court CR. MISC. No.25139 of 2022(2) dt.24-08-2022 2/2 Kumar a loaded country-made pistol was recovered. 40 litres illicit sprit, 9 litres of foreign liquor and 1 kg ganja were also recovered from the dickey of the said car.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. 1 kg ganja was recovered from the said car which is small quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 2, Muzaffarpur, in connection with Saraiya P.S. Case No. 79 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T