Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64741 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- PARASBIGHA District- Jehanabad ====================================================== Ashok Kumar S/o Daroga Yadav R/o Village- Punity Bigha, PS- Parasbigha, Distt- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Parasbigha P.S. Case No. 169/2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 04.07.2025 by the informant, Dharmendra Paswan.
3. As per the prosecution story, the informant alleged that on secret information, the Police raided the bushes near the Dardha river. Those present there managed to escape and there is recovery/seizure of 70 liters of country made liquor and the 'chowkidar' identified the petitioner which led to the FIR.
4. Learned counsel for the petitioner submits that only because of criminal antecedent, he has been implicated, nothing has been recovered from the conscious possession rather from
2/4 the bushes. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 10,000/- to the District Legal Services Authority, Jehanabad for the beautification of the Civil Court Campus/for purchase of flower pots/for purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Jehanabad Judgeship through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. Taking into account the submissions of the parties as also that nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- to the District Legal Services Authority, Jehanabad for the beautification of the Civil Court Campus/for purchase of flower pots/for purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Jehanabad Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Jehanabad.
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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 Special Judge Excise-I, Jehanabad in connection with Parasbigha P.S. Case No. 169/2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor 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 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
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. A copy of the order be sent to the Principal District and Sessions Judge, Jehanabad for his/her perusal and needful. (Rajiv Roy, J) Adnan/- U T