Akhilesh Yadav @ Alagu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73321 of 2025 Arising Out of PS. Case No.-393 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Akhilesh Yadav @ Alagu Yadav S/O Manager Yadav R/O VillageMachchhargawan Ward No. 08, P.S- Yogapatti, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the State :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Nautan P.S. Case No. 393 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, from the E-rickshaw of the petitioner, recovery 82.980 litres of India made foreign liquor was made and the petitioner was apprehended from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is only the driver of the E-rickshaw and the

Patna High Court CR. MISC. No.73321 of 2025(2) dt.15-10-2025 2/3 owner is one Ramdayal Mukhiya. The petitioner has no knowledge about illicit liquor kept on the roof of E-rickshaw. The person carrying the articles, as claimed by the police as illicit liquor, fled away from the passenger seat and this petitioner was apprehended. The petitioner is having antecedent of five cases and he is on bail in all the cases. The petitioner is in custody since 06.08.2025 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is said to be driver and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)- 1st, Bettiah, West Champaran/concerned Court in connection with Nautan P.S. Case No. 393 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

Patna High Court CR. MISC. No.73321 of 2025(2) dt.15-10-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T