Bablu Sahni @ Brij Bhushan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36168 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Bablu Sahni @ Brij Bhushan Sahni, son of Ram Baran Sahni, resident of Garhara, Police Station-Barauni (Garhara), DistrictBegusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mrs. Sahin Begam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Sri Manoj Kumar, learned counsel for the petitioner and Smt. Sahin Begam, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Barauni (Garhara) P.S. Case No. 131 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

Learned counsel for the petitioner submits that save and except confessional statement of co-accused, there is no other material to connect the petitioner in the present case. By way of referring to the F.I.R., it has been argued that two persons on the motorcycle were apprehended by the police and

Patna High Court Cr.Misc. No.36168 of 2018(2) dt.28-06-2018 2/2 from the said motorcycle eight bottles containing 180 ml each were recovered and the petitioner has been made accused as if two persons disclosed that they were supplied the liquor by the petitioner. He further submits that beyond confessional statement of the co-accused, there is no other cogent material to connect the petitioner in the present case.

In view of fact that the petitioner is having clean antecedent as well as the fact that the petitioner's name has come only in confessional statement, there is no reason to refuse the prayer for grant of anticipatory bail.

Accordingly, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Bablu Sahni @ Brij Bhushan Sahni be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum- Special Judge, Excise, Begusarai in connection with Barauni (Garhara) P.S. Case No. 131 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T