Babloo Kumar @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16288 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Babloo Kumar @ Bablu Kumar Son of Surendra Mahto Resident of VillageJamunichak, P.S.- Barh, District- Patna (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Rail Bakhtiyarpur PS Case No. 07 of 2025 instituted for the offences under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 121.05 litres of foreign liquor was recovered from several jute sack and bags in which 44.31 litres of liquor was recovered from the possession of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.16288 of 2025(2) dt.20-03-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that seized sacks do not belong to the petitioner. The petitioner is in custody since 24.01.2025 and has got no any criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rail Bakhtiyarpur PS Case No. 07 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T