Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67530 of 2021 Arising Out of PS. Case No.-351 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== 1.

Akhilesh Kumar Son of Surendra Ray R/o vill. - Mauna Mahima, P.S.- Belsar, Distt.- Vaishali.

2.

Gautam Kumar Son of Rampravesh Ray R/o vill. - Bharaullia, P.S.- Garaul, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Arwal P.S. Case No. 351 of 2021 corresponding to Excise Case No. 895 of 2021, registered for the offence punishable punishable under Section 30(a)/41 of the Bihar Prohibition and Excise Act, 2018. 2512.44 litres of foreign liquor has been recovered from a truck of which petitioner no. 1 is driver and petitioner no. 2 is cleaner.

It is submitted that no recovery has been made from conscious possession of these petitioners. Petitioners were simply driving the vehicle and were not aware about the nature

Patna High Court CR. MISC. No.67530 of 2021(2) dt.21-12-2021 2/2 of consignment and they have got no concern with the seized liquor. Petitioners are in custody since 07.10.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge Excise, Jehanabad in connection with Arwal P.S. Case No. 351 of 2021 corresponding to Excise Case No. 895 of 2021. (Prabhat Kumar Singh, J) vinita/- U T