Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4136 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- JADOPUR District- Gopalganj ====================================================== Akash Kumar Son of Rajesh Mahto Resident of Village- Bagaha, P.S.- Yadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Yadopur P.S. Case No. 211 of 2022 dated 04.12.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that a total 214 litres of country made liquor was recovered from two motorcycles in question, but the petitioner is not the owner of any of the alleged motorcycles and nothing has been recovered from his conscious possession, infact he was arrested merely on the basis of suspicion. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 04.12.2022.

4.

Learned APP for the State has opposed the bail prayer of

Patna High Court CR. MISC. No.4136 of 2023(2) dt.27-04-2023 2/2 the petitioner.

5.

Considering the facts and circumstances of the case and mainly petitioner's plea that he is not the owner of any of the alleged motorcycles in question and he has fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Yadopur P.S. Case No. 211 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T