Akhilesh Kumar @ Akhilesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66590 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- SILAO District- Nalanda ====================================================== Akhilesh Kumar @ Akhilesh Prasad, Son of Kishor Prasad Resident of Village- Ramnagar, P.S.- Silao, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Silao P.S. Case No. 182 of 2019 registered under Section 30(a) of the Bihar Excise Act.

The accusation is that on receiving secret information about selling of liquor concealing in the closed poultry farm near the FCI Godown in village Ramnagar, the informant along with other police personnel proceeded there but in the way, near the closed poultry farm, one persons was seen on motorcycle having bag. On query, he disclosed his name as Niraj Kumar and on search, 24 bottles each containing 375 ml Indian made foreign liquor was recovered and on his disclosure, 28 bottles, each containing 375 ml Indian made foreign liquor were recovered from the closed poultry

Patna High Court CR. MISC. No.66590 of 2019(2) dt.13-11-2019 2/2 farm.

Learned counsel for the petitioner submits that, in fact, petitioner closed his poultry farm, from where, 28 bottles, each containing 375 ml Indian made foreign liquor are said to be recovered on the disclosure of co-accused Neeraj Kumar, while after closing of the said poultry farm by the petitioner the same was in abandoned condition, which is assailable by anyone. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-III-cumSpecial Judge (Excise), Nalanda at Biharsharif, in connection with Silao P.S. Case No. 182 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T