Patna High CourtCR. MISC./38246/2023bail granted

Akhilesh Kumar @ Akhilesh Ray v. The State Of Bihar

2023-06-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38246 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== AKHILESH KUMAR @ AKHILESH RAY S/O SUDESHWAR RAY R/O Village- Lahauri Chak, PS. Mahnar, Dist.Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 30 liters of liquor from a bag thrown by Bharat Singh and 120 liters of liquor from an area near Diyara. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, It is next submitted that he came to be implicated based on confessional statement of Bharat Singh in police custody which does not have any

Patna High Court CR. MISC. No.38246 of 2023(2) dt.26-06-2023 2/2 evidentiary value, when admittedly petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahnar P.S. Case No. 296 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T