Akhilesh Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7408 of 2021 Arising Out of PS. Case No.-442 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== AKHILESH KUMAR GIRI SON OF LATE JAGDISH GIRI R/O VILLAGEBELGHATI, WARD NO-13, P.S.-TURKAULIYA, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Nazir Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-06-2021 . In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Turkauliya PS Case No. 442 of 2020 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 .

1599.66 liters of foreign liquor has allegedly been recovered along with some Ayurvedic products from a truck. It is submitted by learned Counsel for the petitioner that during investigation suspicion has been raised regarding petitioner's involvement and on such basis having no criminal antecedent the petitioner is in custody since 1.10.2020. Admittedly he was not arrested at the time and place of recovery. There is no recovery of any incriminating material from the petitioner.

Patna High Court CR. MISC. No.7408 of 2021(2) dt.29-06-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise, East Champaran, Motihari in Turkauliya PS Case No. 442 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T