Aakash Kumar @ Bholu Kumar @ Bhodu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42643 of 2021 Arising Out of PS. Case No.-356 Year-2021 Thana- NAGAR District- Vaishali ====================================================== AAKASH KUMAR @ BHOLU KUMAR @ BHODU KUMAR S/O Ashok Sah @ AShok Kumar Sah R/o Village - Helabazar, P.S. Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rina Sinha, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 356 of 2021 for the offence registered under Sections 30(A), 32(2) and 38(ii) of the Bihar Excise Prohibition Amendment Act, 2018.

The allegation is regarding recovery of 425.85 litres of illicit liquor from a Tata Magic vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 01.05.2021. The learned counsel for the petitioner has referred to paragraph no. 8 of the present

Patna High Court CR. MISC. No.42643 of 2021(2) dt.15-12-2021 2/2 petition to submit that the seized vehicle does not belong to the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein and the fact that the vehicle in question does not belong to the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 356 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T