Akhilesh Paswan @ Akhlesh Paswan @ Aklesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44357 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Akhilesh Paswan @ Akhlesh Paswan @ Aklesh Ram S/o Saryu Paswan R/o Village-Banka, P.S.-Huntarganj, District-Chatra(Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise (Sherghati) P.S. case No. 76 of 2024 instituted for the offences under Sections 30(a) and 32(C) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 40 liters liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner was a passersby and he has got no concern with the alleged recovery of liquor. The petitioner is in

Patna High Court CR. MISC. No.44357 of 2024(2) dt.26-06-2024 2/2 custody since 28.04.2024 and has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Sherghati) P.S. case No. 76 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T