Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80417 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Akhilesh Kumar Son of Late Ram Sewak Singh Resident of Village - Muradpur, P.S.- Bangara, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore,App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with N.H. Bangara P.S. Case No. 25/2019 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the illicit liquor has not been recovered from the house of this petitioner and his name has been transpired in the confessional statement of the co-accused from whose possession the illicit liquor has been recovered and the co-accused has been released on bail, however the petitioner in the present case is in custody since 03.09.2019.

Patna High Court CR. MISC. No.80417 of 2019(2) dt.06-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the illicit liquor has not been recovered from the house of this petitioner, his name has transpired in the confessional statement of the co-accused from whose possession the illicit liquor has been recovered and the co-accused am Lalit Mahto has been granted regular bail by learned Coordinate Bench of this court, the petitioner is in custody since 03.09.2019 and has no criminal antecedent, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge, Excise, Samastipur, in connection with N.H. Bangara P.S. Case No. 25/2019, subject to the condition as laid down under Section 437(3) Cr.P.C.

Patna High Court CR. MISC. No.80417 of 2019(2) dt.06-12-2019 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T