Akhilesh Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60862 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.
Akhilesh Bin S/O Late Nandji Bin R/O Vill.- Gabhirar Bin Tolawa, P.S.- Raghunathpur, Dist.- Siwan.
2.
Lalan Bin @ Lalan Prasad Bin @ Lalan Prasad S/O Rajgrih Bin R/O Vill.- Gabhirar Bin Tolawa, P.S.- Raghunathpur, Dist.- Siwan. 3.
Dhuran Bin @ Dhurender Bin S/O Ram Shankar Bin R/O Vill.- Gabhirar Bin Tolawa, P.S.- Raghunathpur, Dist.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Raghunathpur P.S. case No. 58 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 162.5 liters liquor was recovered from orchard.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case merely on the basis of suspicion. He further submits that
Patna High Court CR. MISC. No.60862 of 2025(2) dt.29-08-2025 2/3 nothing incriminating has been recovered from the conscious possession of the petitioners rather the alleged recovery of illicit liquor has been made from near the Peepal tree which is an open place accessible to one and all. The alleged place of recovery does not belong to the petitioners. The petitioners were not arrested from the place of occurrence and his name has surfaced in this case on the basis of the disclosures made by the co-accused Suleshwar Bin. It has been submitted on behalf of the petitioners that the petitioner no.1 has one criminal antecedent, petitioner no.2 has also two criminal antecedents whereas petitioner no.3 has no criminal antecedent. He further submits that the co-accused have been granted bail by this Court vide orders dated 07.05.2025 and 20.06.2025 passed in Cr. Misc. No. 29905 of 2025 and 35952 of 2025 respectively.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/-(Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.60862 of 2025(2) dt.29-08-2025 3/3 below/concerned Court in connection with Raghunathpur P.S. case No. 58 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) rishi/- U T