Patna High CourtCR. MISC./68081/2024bail granted

Akhilesh Kumar @ Akhlesh Kumar v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68081 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Akhilesh Kumar @ Akhlesh Kumar Son of Bachhu Yadav Resident of village - Manikpur ward no 09 Ps- Fulkaha, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Araria Excise Circle P.S. Case No. 277 of 2024 dated 03.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 213 litres of illicit Nepali country liquor and 12 litres of beer were recovered from the two different motorcycles. Out of which 108 litres of Nepali country made liquor and 12 litres of beer were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the

Patna High Court CR. MISC. No.68081 of 2024(2) dt.24-09-2024 2/2 motorcycle but he is the pillion rider. The charge-sheet has been submitted against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Araria Excise Circle P.S. Case No. 277 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T