Aakash Kumar @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62835 of 2025 Arising Out of PS. Case No.-545 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Aakash Kumar @ Akash Kumar S/o Deelip Prasad Keshari @ Dilip Saw R/o Village- Raniganj Basatpur, P.S.- Madanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Sadar P.S. Case No. 545 of 2025 registered for the offences punishable under Sections 30(a) and 32(3)of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., recovery of total 80 litres of country made liquor has been made from an auto without any Reg. No. which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. Nothing has been recovered from his conscious possession nor any independent witness has put

Patna High Court CR. MISC. No.62835 of 2025(2) dt.22-09-2025 2/2 his signature on the seizure list. Petitioner is the owner of the auto rickshaw and he has purchased it from one Rajesh Yadav on the basis of Non-Judicial Stamp. Petitioner is in custody since 22.05.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Aurangabad in connection with Excise Sadar P.S. Case No. 545 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T