Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63816 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- ALIPUR District- Gaya ====================================================== Alok Kumar Son of Late Jai Prakash Lal Resident of Village - Koriawan, P.S.- Alipur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priya Ranjan For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Alipur P.S. Case No. 88 of 2025 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 21.06.2025 by the informant, Pankaj Kumar Paswan.
3. As per the prosecution story, the informant alleged that the police intercepted a Glamour motorcycle and there is recovery/seizure of 8.625 liters of foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that some accused already stand arrested, namely, Aakash Kumar and Praveen Kumar. The petitioner, however, being the owner of the motorcycle, has been implicated. he has two criminal antecedent. The motorcycle was taken away by the arrested
Patna High Court CR. MISC. No.63816 of 2025(2) dt.24-09-2025 2/3 person.
5. Learned APP opposes the prayer submitting that the petitioner owns the seized vehicle.
6. Taking into account the submissions of the parties as also that persons already stand arrested along with the seized items, he do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Gaya/concerned court in connection with Alipur P.S. Case No. 88 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023.
(i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her 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.63816 of 2025(2) dt.24-09-2025 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 his attendance;
(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 his bail bonds. (Rajiv Roy, J) Saif/- U T