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2025 DAILYLAW 9705 (PAT)

Alok Kumar Yadav v. The State of Bihar

CR. MISC./3278/2025 · 2025-02-20

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3278 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- NAUTAN District- Siwan ====================================================== Alok Kumar Yadav S/O Late Gopal Yadav Resident of Village- Gambhirpur, P.S- Nautan, Distt.- Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Kumar For the Opposite Party/s : Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 20-02-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Nautan Police Station Case No. 277 of 2024, dated 06.11.2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, as per the First Information Report, is that on 06.11.2024, the police, upon secret information that the petitioner has kept illicit liquor in his Ganbhirpur store and sells the same, proceeded towards the place of occurrence. On seeing the police party, one person started fleeing away leaving the motorcycle behind, the persons was chased, but he succeeded in fleeing away. The villager and chowkidar, on inquiry, identified the person, Patna High Court CR. MISC. No.3278 of 2025(2) dt.20-02-2025 2/3 who fled away. Upon search of the Hero Honda Plus motorcycle, bearing BR28-Z-6113, the police recovered total 60.400 liters of country made illicit liquor from a bag on the said motorcycle. 4. Learned counsel for the petitioner submits that the petitioner is not having any criminal antecedent and he has been made accused on the basis of secret information and on identification by the villagers and chowkidar. He next submits that the motorcycle from where illicit liquor was recovered does not belong to the petitioner as stated in paragraph 5 of this application. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is not the owner of the motorcycle, in question, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Patna High Court CR. MISC. No.3278 of 2025(2) dt.20-02-2025 3/3 Excise Court No. II, Siwan, in connection with Nautan Police Station Case No. 277 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T