Akhilesh Bhagat @ Aklesh Kumar @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53111 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- PAKRIDAYAL DistrictEast Champaran ====================================================== 1.

Akhilesh Bhagat @ Aklesh Kumar @ Akhilesh Kumar Son Of Sadhu Bhagat Resident Of Village - Semari Tola Majhar, P.S.- Pakaridayal, District - East Champaran 2.

Chhotelal Bhagart @ Chhotalal Bhagat Son Of Vasudeo Bhagat Resident Of Village - Amwa Tola Majhar, P.S.- Pakaridayal, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Pakridayal P.S. Case no. 86 of 2022 instituted for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Prosecution case relates to recovery of 94.560 litres of illicit liquor from bamboo clamp. The name of

Patna High Court CR. MISC. No.53111 of 2022(2) dt.17-11-2022 2/3 petitioners sprang up in this case on disclosure of local Chowkidar.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have no concern either with the alleged recovery or with the place of occurrence. Neither the petitioners were arrested nor any incriminating article has been recovered from their conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

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 petitioner 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 Pakridayal P.S. Case No. 86 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Exclusive Excise Court No. 2, East Champaran, Motihari subject to the conditions as

Patna High Court CR. MISC. No.53111 of 2022(2) dt.17-11-2022 3/3 laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T