Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8036 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- PARWALPUR District- Nalanda ====================================================== BABLU KUMAR Son of Suresh Prasad @ Suresh Yadav Resident of VillageAtbalchak, P.S. Tharthari, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2019 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Parwalpur P.S. Case No.161 of 2018 registered under Sections 414/34 of the Indian Penal Code besides Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of checking by the informant and other police personnel, one motorcycle bearing Registration No.B.R.-01B.A. 5832 was seen on which two persons were sitting. On seeing the police party, both persons started to flee away leaving the motorcycle but, on chase, one

Patna High Court CR. MISC. No.8036 of 2019(6) dt.11-07-2019 2/3 person was apprehended, while another person succeeded to flee away. The apprehended accused disclosed his name as Virmani Kumar and also disclosed the name of the petitioner, who succeeded to flee away, saying that this petitioner used to do the business of liquor and the motorcycle is belonging to him. On search of the motorcycle, 45 pouches, each containing 200 ml. liquor, were recovered. On query, the apprehended accused did not produce any paper of the motorcycle.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the confessional statement of the apprehended accused. While it is alleged in the F.I.R. that the seized motorcycle is of the petitioner but the said motorcycle is not belonging to the petitioner nor his family members. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 6th Additional Sessions Jude-cumSpecial Judge (Excise), Nalanda, Biharsharif, in connection with Parwalpur P.S. Case No.161 of 2018, subject to the

Patna High Court CR. MISC. No.8036 of 2019(6) dt.11-07-2019 3/3 conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T