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Patna High CourtCR. MISC./68821/2022allowed

Achhay Prakash @ Akshaye Prakash v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68821 of 2022 Arising Out of PS. Case No.-300 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Achhay Prakash @ Akshaye Prakash S/O Rabindra Rai Resident Of VillageFatehpur, P.S.- Vaishali, District- Vaishali, Presently Residing At- Basudev Patti, P.S- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 172.80 litres of illicit liquor from a Maruti Wagon-R car.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the seized car.

Patna High Court CR. MISC. No.68821 of 2022(2) dt.06-01-2023 2/2 The petitioner has no concern with the recovery of seized illicit liquor. The petitioner is languishing in custody since 22.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IV-cumSpecial Judge, Excise Court No. II, Gopalganj in connection with Excise Case No. 300 of 2022.

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