Patna High CourtCR. MISC./85428/2024bail granted

Alok Kumar v. The State Of Bihar

2024-12-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85428 of 2024 Arising Out of PS. Case No.-444 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Alok Kumar S/O Jagdeo Yadav R/O Village- Chhatarpur, P.S- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rahui P.S. Case no. 444 of 2024 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, while accused Subelal Yadav was arrested on the spot and 20 litres of liquor recovered from the motorcycle, the petitioner managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The only material him is the confessional statement of coaccused made before police. He has no criminal antecedent.

5. Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.85428 of 2024(2) dt.16-12-2024 2/2

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from his possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rahui P.S. Case no. 444 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District & Sessions Judge-cum-Special Judge, Excise-II, Nalanda at Biharsarif.

(Partha Sarthy, J) Harsh/- U T