Patna High CourtCR. MISC./51988/2024bail granted

Akhilesh Kumar @ Akhlesh Kumar v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51988 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Akhilesh Kumar @ Akhlesh Kumar, S/o Mahendra Yadav R/o vill - Karmatand, P.S. - Parnadabar, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 41 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 275 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on confessional statement of apprehended accused in police, which does not have any evidentiary value and is in custody since

Patna High Court CR. MISC. No.51988 of 2024(2) dt.06-09-2024 2/2 25.06.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada in connection with Parnadabar P. S. Case No.16 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T