Patna High CourtCR. MISC./59412/2025bail granted

Alok Kumar @ Bobi v. The State Of Bihar

2025-09-22Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59412 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- Lakho District- Begusarai ====================================================== Alok Kumar @ Bobi S/O Ambika Rai R/O Village- Dhabauli, P.S- Lakho, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv.

Ms. Ayushi, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard Ms. Ayushi, learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Lakho P.S. Case No. 157 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 15.07.2025 by the informant, Ravishankar Kumar.

3. As per the prosecution story, the informant alleged that upon secret information that Munna Kumar and Alok Kumar (petitioner) are selling liquor from the house, it was raided and there is recovery/seizure of 14.625 liter foreign liquor. This led to the FIR.

4. Learned Counsel for the petitioner submits that only because of criminal antecedent, the petitioner has been

Patna High Court CR. MISC. No.59412 of 2025(2) dt.22-09-2025 2/3 implicated, nothing has been recovered from his conscious possession and 'Choukidar' named him because of enmity.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Considering the submissions of the parties as also the fact that nothing has been recovered from his conscious possession, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Begusarai in connection with Lakho P.S. Case No. 157 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.59412 of 2025(2) dt.22-09-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

8. Before parting, this Court would like to put on record its word of appreciation for Ms. Ayushi, learned counsel representing on behalf of the petitioner.

(Rajiv Roy, J) Vijay Singh/- U