Patna High CourtCR. MISC./6640/2025bail granted

Babloo Mandal v. The State Of Bihar

2025-02-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6640 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- Akbarpur District- Purnia ====================================================== Babloo Mandal S/o Janardhan Mandal R/o Vill. and P.O.- Laxmipur, Giridhar, P.S.- Akbarpur, Dist.- Purnia (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tarun Shekhar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail who is in custody since 15.12.2024 in connection with Akbarpur P.S. Case No. 75 of 2024, FIR dated 29.09.2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, the police on the basis of secret information received on 29.09.2024, searched the hut of the petitioner and recovered 25 litre of illicit countrymade liquor.

4. Learned counsel for the petitioner submits that the hut was situated outside the house of the petitioner and was used for the purpose of sitting place having no doors, which was

Patna High Court CR. MISC. No.6640 of 2025(2) dt.07-02-2025 2/2 accessible to all and sundry and the petitioner was not aware about the illicit liquor kept therein. The petitioner is in custody since 15.12.2024.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is in custody since 15.12.2024, I am inclined to grant regular bail to the petitioner.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge (Excise2), Purnea in connection with Akbarpur Police Station Case No. 75 of 2024.

(Anil Kumar Sinha, J) Siwani/- U T