Akhileshwar Prasad Rai @ Akhilesh Prasad Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57037 of 2022 Arising Out of PS. Case No.-302 Year-2022 Thana- GARKHA District- Saran ====================================================== Akhileshwar Prasad Rai @ Akhilesh Prasad Rai S/O Jai Prakash Rai Resident of Village- Rampur Jagdish, P.S. Dariyapur ,District- Chapra (Saran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Garkha P.S. Case No. 302 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 4604.4 liter of wine has been made from one truck and one tractor, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 11.08.2022 having clean antecedent. Charge-sheet has already been filed in this

Patna High Court CR. MISC. No. 57037 of 2022(2) dt.02-12-2022 2/2 case. Learned counsel for the petitioner submits that the present case is related to tractor from which 172 wine has been recovered.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge Excise-Iind-Cum-1st Exclusive Special Judge Excise, Saran (Chapra)in connection with Garkha P.S. Case No. 302 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T