Akhilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41192 of 2021 Arising Out of PS. Case No.-94 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== AKHILESH KUMAR SINGH S/O HARENDRA SINGH R/O VILLAGERAJAPUR, P.S.- RAGHUNATHPUR, DISTRICT-SIWAN ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Raghunathpur P.S. Case No. 94 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is the prosecution's case that on the basis of a tip off to the effect that five persons were dealing with illicit liquor, a raid was conducted near the bank of Saryu river. Allegedly, some persons, on seeing the police, jumped into the river and managed to flee away, whereas, three persons including the petitioner were apprehended. Allegedly, the persons apprehended, disclosed the names of those, who had fled away

Patna High Court CR. MISC. No.41192 of 2021(3) dt.05-01-2022 2/2 whereafter 435 liters of country made mahua liquor was recovered from the bank of Saryu river.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no criminal antecedent and as he is in custody since 08.06.2021. The chargesheet has already been submitted. He has further submitted that he was apprehended on mere suspicion because he was working in the nearby field from where the recovery has been made. Considering the aforesaid submission and the fact that the petitioner is in custody since 08.06.2021, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Siwan, in Raghunathpur P.S. Case No. 94 of 2021.

(Chakradhari Sharan Singh, J) Pawan/- U T