Patna High CourtCR. MISC./39369/2023bail granted

Akash Kumar Mandal @ Akash @ Akash Kumar v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39369 of 2023 Arising Out of PS. Case No.-465 Year-2020 Thana- ARARIA District- Araria ====================================================== AKASH KUMAR MANDAL @ AKASH @ AKASH KUMAR SON OF MAHENDRA MANDAL RESIDENT OF VILLAGE THUMHA ,WARD NO 10, PS- PIPRA, DISTRICT- SUPAUL, STATE- BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Araria PS Case No 465 of 2020 dated 16.06.2020 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act. As per the prosecution case, 161.25 litres of illicit foreigh liquor was recovered from the Mahindra XYLO allegedly driven by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one antecedent, as stated in paragraph 3

Patna High Court CR. MISC. No.39369 of 2023(2) dt.05-07-2023 2/2 of the bail petition. He is in custody in this case since 12.05.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise I, Araria in Araria PS Case No 465 of 2020 dated 16.06.2020. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T