Akhilesh Tiwary @ Bakal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55612 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- PARSA District- Saran ====================================================== Akhilesh Tiwary @ Bakal Son of Janardan Tiwari Resident of Vill- Lalpur (Baksanda), P.S.- Parsa, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parsa P.S. Case No. 129 of 2024 dated 10.04.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 20 litres of illicit country-made liquor were recovered from the possession of the petitioner, 10 litres of illicit country-made liquor were recovered from the possession of the co-accused Jainath Tiwari and 20 litres of illicit country-made liquor were recovered near the garden.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.55612 of 2024(2) dt.05-08-2024 2/2 conscious possession of the petitioner. The name of the petitioner has come in this case on mere suspicion. The petitioner has no concern with the alleged recovery. The petitioner has seven criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Parsa P.S. Case No. 129 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T