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Patna High CourtCR. MISC./81227/2023allowed

Akhilesh Paswan v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81227 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- AMNAUR District- Saran ====================================================== AKHILESH PASWAN S/O SATRUDHAN MANJHI VILLAGEJALALPUR, PS. GARKHA, DISTT. SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act and Section 414 of the Indian Penal Code.

3. As per FIR, prosecution case relates to recovery of 60 liters country made illegal liquor from the motorcycle of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.81227 of 2023(2) dt.15-12-2023 2/2 recovery and vehicle in question does not belong to him. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 13.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amnour P.S. Case No. 217 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned First Exclusive Special Judge, Saran at Chapra. (Sunil Kumar Panwar, J) manishkumar/- U