Akhilesh Pandit @ Abhilekh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57478 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Akhilesh Pandit @ Abhilekh Pandit, aged about 34 years, Gender-Male, Son of Brijnandan Pandit, R/O Vill.- Paroo, Math Tola, P.S.- Paroo, Dist.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Priyesh Kumar, Advocate For the Opposite Party :

Mrs. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Paroo P.S. Case No. 214 of 2024 dated 10.07.2024 registered for the offences punishable under Sections 317(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 223.2 litres illicit liquor was recovered from the Magic vehicle which was driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been

Patna High Court CR. MISC. No.57478 of 2024(2) dt.12-08-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner was the driver of the said vehicle in question and he had no knowledge about the said contraband liquor loaded on the Magic vehicle in question. The petitioner is not the owner of the said vehicle in question. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 10.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No. II, Muzaffarpur in connection with Paroo P.S. Case No. 214 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T