IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6132 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Acchai Kumar @ Amit Kumar @ Akshay Kumar S/o Shambhunath Ram Resident of village- Lakhapatiya More Sareya, Ward no 3, Gopalganj, PS and District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmveer, Advocate For the State : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 19-03-2025 Heard the parties. 2. The petitioner is in custody in connection with Manjhagarh P.S. Case No. 222 of 2024 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, lodged on 05.08.2024 by the informant, Ram Kripal Tiwari. 3. As per the prosecution story, the informant received the secret information from the chowkidar and when he went to the said place, found that the chowkidar scuffling with the accused person who also gave knife blow and subsequently, managed to escape. The chowkidar gave the name of the accused persons, the petitioner being one of them. From the motorcycle, there is recovery/seizure of 17.600 liters of country made liquor. Accordingly, the FIR. Patna High Court CR. MISC. No.6132 of 2025(2) dt.19-03-2025 2/3 4. Learned counsel for the petitioner submits that neither he owns the motorcycle nor anything has been recovered from his conscious possession, the criminal antecedent is there but it relates to the same case which can be certified with the numbers of the present case, he is in custody since 31.08.2024 (paragraph no.4 of the petition). The last submission is that one of the co-accused Akash Kumar has been granted bail in Cr. Misc. No. 78114 of 2024. 5. Learned APP opposes the prayer for bail submitting that he has criminal antecedent. 6. Taking into account the aforesaid facts as also that the motorcycle does not belong to him nor anything has been recovered from his conscious possession, one of the co-accused has been granted bail as stated above, is in custody since 31.08.2024, this Court is inclined to extend him the privilege of bail. 7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-XIII-cum-Special Judge, Excise-01, Gopalganj, in connection with Manjhagarh P.S. Case No. 222 of 2024, subject to the following conditions: Patna High Court CR. MISC. No.6132 of 2025(2) dt.19-03-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. vinayak/- (Rajiv Roy, J) U T