Ashok Rai @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10200 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Ashok Rai @ Ashok Kumar S/O Harishchandra Rai Resident of villageBadharwa Fateh Mohammad, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard the learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Kundwachainpur P.S. Case No. 183 of 2024 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 369.6 liters of illicit liquor was recovered from the bamboo orchard.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. The petitioner has been named in the case by the chokidar. Petitioner claims clean antecedent.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.10200 of 2025(2) dt.28-03-2025 2/2 the prayer for bail.
6. Considering the facts and circumstances of the case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Motihari, East Champaran/concerned court below in connection with Kundwachainpur P.S. Case No. 183 of 2024 subject to the conditions that:- (I). The petitioner will mark his attendance at the Kundwachainpur Police Station, East Champaran on every Sunday of each month. Any default in the appearance at the Police Station would result in cancellation of the bail bonds of the petitioner.
ii). Before accepting the bail-bonds of the petitioner, the Court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, then the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), then his bailbonds shall not be accepted by the court below. 8.This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T