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Patna High CourtCR. MISC./55081/2025allowed

Akhilesh Kumar @ Akilesh Kumar v. The State Of Bihar

2025-08-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55081 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Akhilesh Kumar @ Akilesh Kumar S/o Asarfi Rai @ Asharphi Rai R/o Village - Sobhita, P.S - Rajepur, District - East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 72 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 469.75 litre illicit liquor from an old abandoned shop and near the field situated at poultry farm and the petitioner with other co-accused persons fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not present on the spot at the time of raid. Nothing has been recovered from his conscious possession. Petitioner has neither concern with the seized liquor nor with the place of occurrence. Except the secret information, no concrete evidence is

Patna High Court CR. MISC. No.55081 of 2025(2) dt.27-08-2025 2/2 found against the petitioner. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise, East Champaran at Motihari in connection with Rajepur P.S. Case No. 72 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T