Akshay Yadav @ Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89642 of 2024 Arising Out of PS. Case No.-354 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Akshay Yadav @ Akshay Kumar S/O Vijay Yadav R/O Vil.- Rediya, P.S.- Tilauthu, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2025 1.

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

2.

This application, for grant of anticipatory bail, arises out of Tilauthu PS case no. 354 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3.

The prosecution story, as per the First Information report, is that on 18.10.2024 at about 3.15 pm, during course of patrolling, informant received information that the petitioner was selling liquor in paddy field situated in the southern side of Indian Kiln. When the informant along with police force reached at the place of occurrence, the petitioner started fleeing away and was succeeded in the same after leaving the sack. Upon search of the sack, 15 liters of illicit mahua liquor was recovered and seizure list was prepared.

Patna High Court CR. MISC. No.89642 of 2024(2) dt.27-01-2025 2/3 4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that illicit liquor has been recovered from the farm maid, which is an open space accessible to everyone. Petitioner is having no criminal antecedent. He also submits that co-accused persons namely Vikash Kumar and Sarwan Kumar have already been granted anticipatory bail by this court vide order dated 08.01.205, passed in Cr. Misc. No. 85150 of 2024 and Cr. Misc. No. 86618.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space and not from inside the house as also the fact that petitioner is having clean antecedent and similarly situated co-accused persons have been granted anticipatory bail, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.89642 of 2024(2) dt.27-01-2025 3/3 satisfaction of learned Exclusive Special Excise Court No. 02cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Tilauthu PS case no. 354 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T