Babloo Yadav @ Bablu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12500 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== BABLOO YADAV @ BABLU YADAV Son of Narayan Yadav Resident of Village- Rajaun, P.S.- Kamtaul, District- Darbhanga. (Wrongly written in F.I.R. Late Ramashish Yadav) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishor Prasad For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Kamtaul P.S. Case No.258 of 2022, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Act, 2016.
Altogether 7.605 liters of foreign liquor is said to have been recovered from shanty kind house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely
Patna High Court CR. MISC. No.12500 of 2023(2) dt.28-04-2023 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of secret information. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case as the recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.
(Anjani Kumar Sharan, J) shikha/- U T