Patna High CourtCR. MISC./65486/2023allowed

Akshay Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65486 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

Akshay Kumar S/O Late Rajesh Ravidas R/O Village- Khagariya, P.SEkangarsarai, Distt.- Nalanda. 2.

Govinda Ravidas S/O Late Rajesh Ravidas R/O Village- Khagariya, P.SEkangarsarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

3 As per FIR. it is a case of recovery of country-made wine.

4. Learned counsel for the petitioner that petitioner has been falsely implicated in this case. The name of the petitioner came into light on the basis of confessional statement of co-accused, who apprehended on the spot. It is further submitted that the petitioner is not apprehend on the spot. The

Patna High Court CR. MISC. No.65486 of 2023(2) dt.13-10-2023 2/2 petitioners are in custody since 17.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-Vth- Cum Exclusive Special Excise Court No 1 Biharshariff at Nalanda, in connection with Ekangarsarai P.S. case No. 164 of 2023.

(Sunil Kumar Panwar, J) sanjeev/- U T