Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.599 of 2022 Arising Out of PS. Case No.-561 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AKHILESH KUMAR S/o Lagan Ray, Resident of Village- Chadhwa Kutubpur, P.S. - Kudhni, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Nitu Kumari For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection Begusarai Town P.S. Case No. 561 of 2021 registered for offence punishable under sections 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code and sections 30 (a), 36, 41 (i) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner has submitted that the petitioner is Cleaner (Khalasi) of the truck wherefrom 495 litres of liquor was recovered. He has submitted further that

Patna High Court CR. MISC. No.599 of 2022(2) dt.31-05-2022 2/3 the petitioner has no concern with the consignment loaded on the truck and he is a person of clean antecedent and is under custody since 16.09.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Begusarai Town P.S. Case No. 561 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove,

Patna High Court CR. MISC. No.599 of 2022(2) dt.31-05-2022 3/3 failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T