Akhilesh Kumar @ Mukhiya Kumar v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2018 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Anirudh Kumar Verma Mr. Ganesh Prasad Singh 2 01-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 68.08 liters of country made liquor is said to have recovered from the vehicle. He submits that the seized vehicle does not belong to the petitioners. He submits that the petitioners have been implicated in this case Patna High Court CR. MISC. No.74624 of 2023(2) dt.01-12-2023 merely on the basis of suspicion. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) each in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Obra P.S. Case No. 277 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that: (1) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to Patna High Court CR. MISC. No.74624 of 2023(2) dt.01-12-2023 who he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners. (2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna. anand/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.