Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3286 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Bablu Kumar S/O Bihari Saw Resident of Village- Tufanganj, Dariaura, P.S.- Gurua, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan For the State :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 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 Excise Police Station Case No. 518 of 2024, dated 07.12.2020, 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 the date of occurrence, during vehicle checking, one person riding on a motorcycle, upon seeing the police, started fleeing away and after some distance left the motorcycle behind and ran away in the village. Upon search of the motorcycle, bearing Registration No. BR02-

Patna High Court CR. MISC. No.3286 of 2025(2) dt.20-02-2025 2/3 AC-7595, a total 4.125 liters of foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence and he has falsely been implicated in the present case merely because he happens to be the registered owner of the said motorcycle. He next submits that the motorcycle, from where illicit liquor has been recovered, was borrowed by one co-villager for purchasing the medicine, who succeeded in fleeing away from the place of occurrence and the petitioner had no knowledge about the illicit liquor being kept therein. The petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the motorcycle, which was borrowed by one co-villager for purchasing medicine, 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

Patna High Court CR. MISC. No.3286 of 2025(2) dt.20-02-2025 3/3 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 Excise Judge No. 3, Gaya, in connection with Excise Police Station Case No. 518 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T