Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45686 of 2025 Arising Out of PS. Case No.-178 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Akash Kumar S/o- Anjani Prasad Village/Mahalla- Hospital Chowk, P.SChapra town, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Panday, Advocate Mr. Ajay Kumar Jain, Advocate Mr. Saharsh Shubham, Advocate Mr. Utkarsh Shandilya, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Ms. Alka Panday, learned counsel for the petitioner and Mr. Dinesh Singh, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chapra Muffasil P.S. Case No. 178 of 2018 instituted for the offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a tempo, altogether 120 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.45686 of 2025(2) dt.04-08-2025 2/3 committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that he has been named in this case as he is the owner of the said tempo which was driven by one Chandan Mahto. He has also submitted that though the tempo belongs to him but the same was given on rent to said Chandan Kumar. Petitioner is having no information regarding said seizure and recovery. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chapra Muffasil P.S. Case No. 178 of 2018, he will be enlarged on bail 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 Exclusive Special Judge, Excise Act-I, Saran at Chapra subject to the conditions as laid down under section

Patna High Court CR. MISC. No.45686 of 2025(2) dt.04-08-2025 3/3 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T