Akash @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80834 of 2023 Arising Out of PS. Case No.-803 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== AKASH @ AKASH KUMAR SON OF JAGDEO PRASAD R/O VILLAGEDHIRACHAK ANISABAD, WARD NO. 10, LAL MANDIR, P.S.- ANISABAD, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dimpal Kumari For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Mohania P.S. Case No.803 of 2023 instituted for the offence under Sections 30(a) and 47 of the Bihar Prohibition and Excise (Amendment) Act. As per FIR, the petitioner was apprehended on the spot and from his Maruti Ciaz Car bearing Reg. No. BR01HH-4581, total 167.25 liters illicit liquor was recovered. 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

Patna High Court CR. MISC. No.80834 of 2023(2) dt.14-12-2023 2/3 this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of liquor. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 17.11.2023.

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

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

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 released on bail in connection with Mohania P.S. Case No.803 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 Additional District and Sessions Judge-IV/Special Judge Excise No.1, Kaimur at Bhabhua.

The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.80834 of 2023(2) dt.14-12-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

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