Akhilesh Kumar @ Akhlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53672 of 2025 Arising Out of PS. Case No.-789 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Akhilesh Kumar @ Akhlesh Kumar S/o Late Jhamlal Paswan, R/o villageBasant Kharauna ward no. 14, P.S.- Kudhani, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== 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 Excise P.S. Case No.789 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 569.37 litres foreign liquor from the house of co-accused Mukesh Kumar. It is alleged that petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovery has been made from the house of co-accused Mukesh Kumar and petitioner has no concern with the alleged seized liquor or the

Patna High Court CR. MISC. No.53672 of 2025(2) dt.27-08-2025 2/2 place from where the liquor was seized. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that except the disclosure statement made by the co-accused Mukesh Kumar, there is no material against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate 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 submissions 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Muzaffarpur in connection with Excise P.S. Case No.789 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) Ritik/- U T