Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29136 of 2022 Arising Out of PS. Case No.-218 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

AKASH KUMAR S/o Dhiraj Kumar, 2.

MUKESH KUMAR S/O BIRENDRA SAHANI Both R/o village- Shekhpur Dhab, Ward No. 02, P.S.- Ahiyapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Ahiyapur P.S. Case No. 218/2022 registered for the offences punishable under Sections 414, 290 of the Indian Penal Code and Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, there is alleged recovery of total 698.04 liters foreign liquor from the Pick-up van in question. The petitioners were apprehended on the spot. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.29136 of 2022(2) dt.05-08-2022 2/3 petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are languishing in custody since 18.03.2022 and bears no criminal antecedent. He further submits that the petitioners were no concern with seized liquor nor seized vehicle in question. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted and keeping in view clean antecedent of petitioners and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur in connection with Ahiyapur P.S. Case No. 218/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.29136 of 2022(2) dt.05-08-2022 3/3 affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T