Alok Purbey @ Alok Kumar @ Alok Raj Purbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69956 of 2022 Arising Out of PS. Case No.-135 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== ALOK PURBEY @ ALOK KUMAR @ ALOK RAJ PURBEY SON OF HARI PURVE @ HARI NARAYAN PURBEY R/O VILL.- BATA CHOWK, SULTANGANJ, P.S.- MADHUBANI TOWN, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with G.R. No. 937 of 2019 arising out of Rajnagar P.S. Case No. 135 of 2019 registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 576.7 litres of illicit liquor from the house of one Shrawan Chaupal and one Abdulla Sheikh.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.69956 of 2022(2) dt.09-02-2023 2/3 been falsely implicated in the present case and he is languishing in custody since 14.10.2022. The learned counsel for the petitioner has further submitted that admittedly no illicit liquor has been recovered from the house of the petitioner, hence the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the house of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special

Patna High Court CR. MISC. No.69956 of 2022(2) dt.09-02-2023 3/3 Judge, Excise Act, Madhubani in connection with G.R. No. 937 of 2019 arising out of Rajnagar P.S. Case No. 135 of 2019.

(Mohit Kumar Shah, J) S.Sb/Saurav U T