Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58989 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- DURAULI District- Siwan ====================================================== 1.

Akhilesh Yadav S/O Late Fulena Yadav Resident Of Village- Sitalpur, P.SDaudpur, Distt.- Saran, Chappra. 2.

Dhanlal Mahto S/O Durga Mahto Resident Of Village- Sitalpur, P.SDaudpur, Distt.- Saran, Chappra. 3.

Rakesh Ram S/O Shyamdeo Ram Resident Of Village- Sitalpur, P.SDaudpur, Distt.- Saran, Chappra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a) 41(i) of the Bihar Prohibition & Excise Act. There is recovery of 847 litres of illicit Indian made foreign liquor from two pick-up vans and the petitioners were arrested from the spot.

Patna High Court CR. MISC. No.58989 of 2023(3) dt.11-10-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern either with the seized vehicles or the illicit liquor. The petitioners are languishing in custody since 09.05.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Since the petitioner No. 1 is alleged to be the driver of the vehicle in question, petitioner No. 1 is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Siwan.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.58989 of 2023(3) dt.11-10-2023 3/3 Special Excise Court No. 1, Siwan in connection with Darouli P.S. Case No. 116 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T