Alok Yadav @ Alok Kumar @ Alok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20345 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Alok Yadav @ Alok Kumar @ Alok Kumar Yadav S/o- Motilal Yadav Village- Balua Rampurwa Ps- Bairiya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the State :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Bairiya P.S. Case No. 72 of 2025, dated 23.02.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation, there was secret information to the police that the petitioner has concealed illicit liquor in his mango garden and when the police reached the mango garden, the petitioner is alleged to be seen fleeing from there and there was recovery of 12.480 litre of illicit liquor from the mango garden inside the soil, belonging to the petitioner.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.20345 of 2025(2) dt.23-04-2025 2/3 case. He further submits that the petitioner has nothing to do with the alleged offence. He further submits that the place of recovery is accessible to the public at large and he has no connection with the alleged recovered liquor.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has three criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Bairiya P.S. Case No. 72 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

Patna High Court CR. MISC. No.20345 of 2025(2) dt.23-04-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T