Patna High CourtCR. MISC./1431/2024allowed

Akshay Ram @ Akshay Kumar v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 1431 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Akshay Ram @ Akshay Kumar (M) aged about 25 years, son of Late Parikha Ram, Village- Telhara Ps- Amba Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Amba P.S. Case No.265 of 2023 registered for an offence punishable under Section 30(a) of the Bihar Excise Prohibition and Amendment Act Act, 2018.

3. As per allegation in the FIR, total 85 liters of mahua liquor was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. On perusal of the seizure list, there are no independent witnesses and petitioner has got no criminal antecedent as stated in para-3 of the petition.

Patna High Court CR. MISC. No. 1431 of 2024(3) dt.19-02-2024 2/2 Petitioner is in custody since since 11.12.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and submission made on behalf of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Aurangabad in connection with Amba P.S. Case No. 265 of 2023. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T