Ashok Kumar @ Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33377 of 2024 Arising Out of PS. Case No.-237 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Ashok Kumar @ Ashok Yadav son of Visho Yadav Village- Phatulaha PsBahera Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Abhay Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Mohania P.S.Case no.237 of 2021 registered for the offence punishable under sections 420, 467, 468 and 471 of the Indian Penal Code and sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the F.I.R, the vehicle/truck in question was seized, a total of 3777.48 litres of liquor was recovered and the FIR was registered against four named accused persons.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. It is in course of investigation that the name of one Amarnath Sah transpired and

Patna High Court CR. MISC. No.33377 of 2024(3) dt.12-07-2024 2/2 it was stated that he was involved in sale of liquor and operating a group of bootleggers of which petitioner herein was also one of them. The petitioner has no concern with the seized article and has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired against the petitioner in course of investigation, the petitioner not having any criminal antecedent and grant of bail to the other coaccused, copy of which has been brought on record as Annexure-2 series to the petition, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mohania P.S. Case no.237 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I cum ADJ IV, Kaimur at Bhabua.

Bibhash/- (Partha Sarthy, J) U