Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3036 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- FCI District- Begusarai ====================================================== Alok Kumar S/o- Dinesh Singh @ Dinesh Kumar Singh Village- Bihat ward no 26 PS- FCI District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of FCI Police Station Case No. 65 of 2024, dated 13.12.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner has kept illicit liquor in his home, raided the house of the petitioner and on seeing the police, one person, after locking the door of the house, fled away. On search of the house of the petitioner, the police recovered 21 litres of illicit foreign liquor, kept in one of the rooms of the house.

Patna High Court CR. MISC. No.3036 of 2025(3) dt.19-02-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner has been made accused in this case on the basis of secret information and disclosure of his name by the co-villagers. He further submits that though it is mentioned in the First Information Report that the door was closed, it is nowhere mentioned in the First Information Report that how the police entered into the house of the petitioner. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the First Information Report and the seizure list and the fact that the petitioner has got no criminal antecedent, his name transpired in this case on the basis of secret information and disclosure of his name by the co-villagers and the police has not disclosed in the seizure list/First Information Report that lock of the house/room was broken, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.3036 of 2025(3) dt.19-02-2025 3/3

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Exclusive Special Excise Court No. I, Begusarai, in connection with FCI Police Station Case No. 65 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √