Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36706 of 2020 Arising Out of PS. Case No.-384 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Akhilesh Kumar son of Yogendra Sah Resident of Village- Pirari, Police Station-Gorkha, District-Saran 2.

Bhola Rai son of Late Kesi Rai Resident of Village-Tahal Tola, Police Station-Garkha, District- Saran.

... ... Petitioners

Versus

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

For the Petitioner :

Dr. Rajesh Kumar Singh, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 26.08.2020 in connection with Muffasil P.S. @ Chapra (M) Case No. 384 of 2020 for the offences alleged under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 50 litres of illicit

Patna High Court CR. MISC. No.36706 of 2020(2) dt.01-02-2021 2/2 liquor and a Hero Glamour motorcycle. It is stated that the petitioners have no concern with the offending goods and the motorcycle, which were not recovered from their conscious possession. The petitioners claim clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 26.08.2020, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge (Excise), Saran at Chapra, in connection with Muffasil P.S. @ Chapra (M) P.S. Case No. 384 of 2020, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T