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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53905 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Alok Kumar @ Alok Kumar Yadav S/O Shyam Prasad Yadav Resident Of Village- Kharhua Charo, PS- Mahindwara, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No. 280 of 2023 registered for the offences punishable under Sections 30(a), 32(i) (ii), 36 and 41 (i)(ii) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 2689.5 litres of liquor from a container and two Bolero pickup vehicle.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of Chowkidar, it is next submitted that

Patna High Court CR. MISC. No.53905 of 2023(2) dt.18-08-2023 2/2 the Police in majority of the cases is implicating the accused persons in a mechanical manner by alleging that their name was disclosed by the Chowkidar, it is also submitted that the petitioner is not the owner of any of the seized vehicles.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 280 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T