Akshay Chauhan @ Akshay Raj Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76371 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Akshay Chauhan @ Akshay Raj Chauhan Son Of Akhilesh Singh @ Akhilesh Kumar Singh Resident Of Village - Karamganj, P.S. - Laheriasarai, District - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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(i), 32(ii), 41, 47 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1105 litres 920 ML of IMFL from a Truck bearing Reg. No. UP42T-2621, parked in a godown of cement shop. Petitioner and other co-accuse persons including the driver of aforesaid Truck were alleged to be

Patna High Court CR. MISC. No.76371 of 2023(2) dt.30-11-2023 2/3 apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehcile in question. Petitioner is neither the driver nor the owner of the said truck. Nothing incriminating has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 22.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

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

Patna High Court CR. MISC. No.76371 of 2023(2) dt.30-11-2023 3/3 to the satisfaction of the learned Exclusive Special Judge I, (Excise Act), Darbhanga in connection with Bahadurpur P.S. Case No. 466 of 2023.

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