Patna High CourtCR. MISC./48514/2024bail granted

Akhilesh Kumar v. The State Of Bihar

2024-12-11Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48514 of 2024 Arising Out of PS. Case No.-515 Year-2024 Thana- Excise P.S. District- Patna ====================================================== AKHILESH KUMAR SON OF KRISHNA NANDAN RAY R/O- B.K. DUTTA LANE, WARD NO.- 18, P.S.- JAKKANPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Adv For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-12-2024 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 515/2024 instituted for the offences punishable under Section 30(a)/32/56/62 of the Bihar Excise and Prohibition Act.

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons one unknown accused persons including the present petitioner against whom there is an allegation that there is recovery of 105.90 litre of illicit liquor from the possession of the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48514 of 2024(4) dt.11-12-2024 2/3 petitioner has falsely been implicated in this case. He further submits that he has no antecedent. He submits that his name has been came only on suspicion which is apparent from the F.I.R. He further submits that the room from which the liquor has been recovered does not belongs to the petitioner moreover nothing has been recovered from the possession of the petitioner. He has provided his room on rent which has been mentioned in the F.I.R.

5. Learned counsel for the State opposes the prayer for bail of the petitioner

6. From perusal of the F.I.R., it appears that the name of the petitioner has been figured on suspicion and nothing has been recovered from the possession of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and clean antecedent of the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the trial Court within a period of six weeks from today on furnishing bail bond of Rs 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court CR. MISC. No.48514 of 2024(4) dt.11-12-2024 3/3 Excise Judge-III, Patna in connection with Excise Case No. 515/2024 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) Sunnykr/- U