Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2258 of 2025 Arising Out of PS. Case No.-506 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Akash Kumar S/o Ruplal Sahani R/o Village- Mehwa, P.S.- Sugauli, District- East Champaran, Motihari 2.

Rishimuni Sahani S/o Pathalu Sahani R/o Village- Mehwa, P.S.- Sugauli, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 506 of 2024 dated 16.11.2024 registered for the offences punishable u/ss 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of BNS.

3. As per the prosecution case, total 143 litres of illicit country-made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.2258 of 2025(2) dt.20-02-2025 2/2 conscious possession of the petitioners. The petitioner is not the owner of the said motorcycle rather the petitioner no.1 is the driver and the petitioner no.2 is the co-driver of the said motorcycle. The petitioners have no concern with the alleged recovery. The petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 16.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Sugauli P.S. Case No. 506 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T