Akhilesh Kumar @ Akhileshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33613 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

AKHILESH KUMAR @ AKHILESHWAR KUMAR Son of Raghav Singh Resident of village - Paltu Hata, P.S.- Jamo Bazar, District - Siwan. 2.

Bittu Kumar Son of Sipahi Chaudhary Resident of village - Khulasa Saraiya, P.S.- Jamo Bazar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Excise Case No. 04 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioners are named in the prosecution report and is in custody since 07.04.2022.

The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 264.480 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.33613 of 2022(2) dt.12-08-2022 2/2 Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor was made from vehicle which was jointly occupied, denying thereof conscious physical possession over recovered illicit liquor. It is submitted that petitioners are men of clean antecedent. It has further been submitted that investigation is complete.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioners, who are men of clean antecedent, let both the petitioners, above named, are directed to be released on bail in connection with Excise Case No. 04 of 2022 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 Additional Sessions Judge-IV-cumSpecial Judge, Excise Court-II, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T