Alok Purve @ Alok Raj Purvey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60184 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Alok Purvey @ Alok Raj Purvey, son of Sri Hari Narayan Purvey, resident of Near Mahila College Road, Ward No. 17, P.S.- Nagar Madhubani, DistrictMadhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2018 Heard Sri Ratnakar Jha, learned counsel for the petitioner and Sri Atul Chandra, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in G.O. Case No. 57 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. It has further been argued that the

Patna High Court Cr.Misc. No.60184 of 2018(2) dt.28-09-2018 2/3 petitioner has falsely been implicated in the present case, as if, the petitioner had taken house of Shyam Nandan Thakur on rental basis and from said house, there was recovery of huge quantity of Indian Make Foreign Liquor. He submits that the house owner i.e. Shyam Nandan Thakur has already been granted bail by this Court vide Cr. Misc. No. 23667 of 2018. It has been reiterated that the petitioner was not at all tenant of Shyam Nandan Thakur and only after recovery of liquor, Shyam Nandan Thakur disclosed the name of the petitioner, as if, the petitioner was tenant. Sri Atul Chandra, learned Addl. Public Prosecutor has vehemently opposed the prayer for anticipatory bail on the plea that in this case, huge quantity of Indian Make Foreign Liquor was shown to be recovered.

Be that as it may, considering the nature of accusation, clean antecedent as well as the fact that there was dispute regarding tenancy, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Alok Purvey @ Alok Raj Purvey be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.60184 of 2018(2) dt.28-09-2018 3/3 satisfaction of learned Addl. District and Sessions Judge2nd -cum-Special Judge, Excise Act, Madhubani in connection with G.O. Case No. 57 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T