Akhilesh Ram @ Akhilesh Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28557 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== 1.

Akhilesh Ram @ Akhilesh Rajbanshi S/O Muneshar Ram R/O VillageNamka Nagar, P.S.- Govindpur, District- Nawada. 2.

Siya Devi W/O Raghuvir Ram R/O Village- Namka Nagar, P.S.- Govindpur, District- Nawada.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), 30(d) and 41 of the Excise Act, 2016.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 270 litre of liquor from the gallon kept in the bushes situated beside the house of co-accused Sugwa Devi.

The learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such, nothing

Patna High Court CR. MISC. No.28557 of 2022(2) dt.12-08-2022 2/2 was recovered from their conscious possession and even the recovery was not from their house, but was from a place which is situated beside the house of co-accused Sugwa Devi. It is next submitted that the petitioners came to be implicated at the instance of local Chaukidar with a view to save the real culprits. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Govindpur P. S. Case No.48 of 2022, 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