Akhilesh Tiwary @ Bakal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Akhilesh Tiwary @ Bakal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra, in connection with Parsa P.S. Case No. 129 of 2024, subject to the condition of physical presence before the Court below on every date.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Parsa P.S. Case No. 129 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is 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 the learned Court concerned, Saran at Chapra, in connection with Parsa P.S. Case No. 129 of 2024.

Ratio / Principle

Bail is subject to the condition that the petitioner remains physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders the bail bonds liable to be cancelled.

Key takeaways

The bail application stands allowed.ratio¶22

Detailed headnote1 paragraphs

Bail - Regular bail - Section 30(a), Bihar Prohibition and Excise Act - Prosecution case: 20 litres of illicit country-made liquor recovered from possession of petitioner, 10 litres from co-accused Jainath Tiwari and 20 litres near the garden - Petitioner claimed innocence, false implication, no incriminating article recovered from conscious possession, name surfaced on mere suspicion; seven criminal antecedents but on bail in all such cases; in custody since 11.04.2024 - Considering facts, circumstances and period of custody, Patna High Court (Chandra Prakash Singh, J) directed enlargement on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Saran at Chapra, conditioned on physical presence before the Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bonds are liable to be cancelled - Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55612 of 2024

Arising Out of PS. Case No.-129 Year-2024 Thana- PARSA District- Saran

======================================================

Akhilesh Tiwary @ Bakal Son of Janardan Tiwari Resident of Vill- Lalpur (Baksanda), P.S.- Parsa, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar Pandey, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 05-08-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Parsa P.S. Case No. 129 of 2024 dated 10.04.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 20 litres of illicit country-made liquor were recovered from the possession of the petitioner, 10 litres of illicit country-made liquor were recovered from the possession of the co-accused Jainath Tiwari and 20 litres of illicit country-made liquor were recovered near the garden.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.55612 of 2024(2) dt.05-08-2024 2/2

conscious possession of the petitioner. The name of the petitioner has come in this case on mere suspicion. The petitioner has no concern with the alleged recovery. The petitioner has seven criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2024.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is 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, Saran at Chapra in connection with Parsa P.S. Case No. 129 of 2024, with the condition:-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)