Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56946 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- SARSI District- Purnia ====================================================== Akhilesh Kumar Son of Visandev Thakur Resident of Village - Masuria Mushari,Ward No. 12, P.S. - Sarsi, District - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bidhu Ranjan, Advocate For the State :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 5.4 litres foreign liquor has been recovered from a motorcycle of which this petitioner is registered owner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in the present case only because he is the owner of the motorcycle in question. Nothing has been recovered from conscious possession of the petitioner. As a matter of fact, without knowledge and consent of this petitioner, the vehicle was being used for transportation of illicit liquor. Petitioner has
Patna High Court CR. MISC. No.56946 of 2024(2) dt.10-09-2024 2/2 got no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, quantity of liquor that has been recovered and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. I, Purnia, in connection with Sarsi P.S. Case No. 108 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T