Patna High CourtCR. MISC./83914/2024bail granted

Akshay Kumar v. The State Of Bihar

2024-12-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83914 of 2024 Arising Out of PS. Case No.-829 Year-2022 Thana- TEKARI District- Gaya ====================================================== Akshay Kumar Son of Sanjay Paswan Resident of Village- Jamuni, P.S.- Mohanpur, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Tekari P.S.Case no.829 of 2022 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, one Brajesh Kumar who tried to escape was caught and 7 litres of liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or from his vehicle. The cause of his false implication is that he happens to be the registered owner of the vehicle from which

Patna High Court CR. MISC. No.83914 of 2024(2) dt.16-12-2024 2/2 the alleged seizure is said to have taken place. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. specially the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Tekari P.S. Case no. 829 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. II, Gaya.

(Partha Sarthy, J) Bibhash/- U T