Akash Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40707 of 2023 Arising Out of PS. Case No.-360 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

Akash Kumar Gond Son of Umesh Gond @ Umesh Kumar Gond Resident of village-Uttartola Bansdeeh, P.S.-Bansdeeh, District-Balia, Uttar Pradesh 2.

Ankit Chauhan @ Ankit Kumar Son of Shambhu Chauhan @ Shambhu Nath Chouhan Resident of village-Uttartola Bansdeeh, P.S.-Bansdeeh, District-Balia, Uttar Pradesh ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Ara Nawada P.S. Case No. 360 of 2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per prosecution case, there is recovery of 107.64 liters of illicit foreign liquor from Bajaj Maxima CNG Tempo and petitioners were arrested when they tried to flee away. Learned counsel for the petitioners submits that the petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case and they have no

Patna High Court CR. MISC. No.40707 of 2023(2) dt.14-07-2023 2/2 concern with the Tempo or the seized liquor. The petitioners have no criminal antecedent and they are languishing in jail custody since 22.05.2023.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioners.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail after framing of charge upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1st, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 360 of 2023.

(Sunil Dutta Mishra, J) shweta/- U T