Aslok Gope @ Slok Gope @ Surma Gope @ Alok Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63699 of 2024 Arising Out of PS. Case No.-271 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Aslok Gope @ Slok Gope @ Surma Gope @ Alok Raj S/O Brij Nandan Gope @ Brij Gope @ Brij Nandan Yadav R/O Vill- Sirasiya Bigha, P.S- Noorsarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Baljit Singh, Advocate For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Noor Sarai P.S. Case No.271 of 2024.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 13.5 liters of liquor from a road near a water tank.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which
Patna High Court CR. MISC. No.63699 of 2024(2) dt.04-09-2024 2/3 does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of Chowkidar, but then it is submitted that police in majority of the cases implicates either at the instance of the 'Chowkidar', local person, secret information or confessional statement in a mechanical manner without holding proper investigation.
5. The learned APP for the State opposes the anticipatory bail application.
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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court, 2nd, Nalanda at Biharsharif in connection with Noor Sarai P.S. Case No.271 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in
Patna High Court CR. MISC. No.63699 of 2024(2) dt.04-09-2024 3/3 that event, the present anticipatory bail order shall not be given effect.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T