Akshay Kumar @ Achhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40279 of 2020 Arising Out of PS. Case No.-486 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== AKSHAY KUMAR @ ACHHAY KUMAR, aged about 22 years, Male, S/o Gumti Sharma, Resident of Village- Prakash Nagar, Nayka Tola, P.S.- Shikarpur, Distt- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 414 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 174.960 liters wine is said to have been recovered from two different places not belonging to the petitioner.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.40279 of 2020(2) dt.28-04-2021 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is alleged that total 174.960 liters wine is recovered from the two different places. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./Complaint Case. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 486 of

Patna High Court CR. MISC. No.40279 of 2020(2) dt.28-04-2021 3/3 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T