Akhilesh Kumar Ray @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45724 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- MAHUA District- Vaishali ====================================================== AKHILESH KUMAR RAY @ AKHILESH KUMAR Son of Ramishwar Ray R/v- Mahua Singh Rai , P.S- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Pratima Kumari, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mahua P.S. Case No. 24 of 2022 registered for the offence under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 24.06.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.45724 of 2022(2) dt.12-09-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2796.300 litres of IMFL/country made liquor from truck bearing Registration No. WB-25B-2425.

Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from truck, where petitioner is not connected in any manner with alleged truck and alleged illicit liquor. It is submitted that recovery of illicit liquor was not made from conscious physical possession of the petitioner. It has further been submitted that similarly situated co-accused person, namely, Pinku Singh, has already been granted anticipatory bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 22763 of 2022 vide order dated 29.07.2022.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor was not made from the conscious physical possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Mahua P.S. Case No. 24 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Excise, Judge, Court-2,

Patna High Court CR. MISC. No.45724 of 2022(2) dt.12-09-2022 3/3 Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T