Akash Kumar Harsh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74588 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== Akash Kumar Harsh S/O Sunil Kumar Tanti @ Sunil Prasad Tanti R/O Village/Mohalla- Balio, Ps. Jhajha, Dist. Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 955.8 litres of IMFL was recovered from different vehicles. Petitioner is alleged to be owner of one of the vehicles. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.74588 of 2023(2) dt.02-12-2023 2/3 petitioner. The name of the petitioner has come only because he is the owner of the said vehicle. Petitioner is languishing in judicial custody since 15.09.2023. The petitioner has given the vehicle to the driver for his livelihood and he has no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing on behalf of State vehemently opposed the prayer of bail and submitted that petitioner is owner of the vehicle. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Shekhpura in connection with Chewara P.S. Case

Patna High Court CR. MISC. No.74588 of 2023(2) dt.02-12-2023 3/3 No. 18 of 2023.

The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T