Akhilesh Sahni @ Akhilesh Kumar @ Akhilesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32999 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Akhilesh Sahni @ Akhilesh Kumar @ Akhilesh Kumar Sahni, Son Of Gajindra Sahani R/O- Gehuachak Ps-Motipur Dist- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Sections 30(a), 37 of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 35 litres of liquor and one Kamlesh Sahni was arrested.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner came to be implicated based on confessional statement of Kamlesh Sahni in police custody, which does not

Patna High Court CR. MISC. No.32999 of 2023(2) dt.25-05-2023 2/2 have any evidentiary value.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No.II, Muzaffarpur in connection with Motipur P. S. Case No.14 of 2023, 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