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Patna High CourtCR. MISC./55014/2018bail granted

Babloo Kumar Sah @ Babloo Sah v. The State Of Bihar

2018-10-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55014 of 2018 Arising Out of PS. Case No.-392 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Babloo Kumar Sah @ Babloo Sah Son of Bindeshwari Sah Resident of Village- Bagwara, P.S. Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 392 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is recovery of 17.28 liters foreign liquor from the motorcycle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. He is not the owner of the motorcycles from which the said recovery has been made. He has no criminal antecedent and he is in custody since

Patna High Court Cr.Misc. No.55014 of 2018(2) dt.05-10-2018 2/2 10.07.2018. It has been further submitted that similarly placed co-accused, namely, Raj Kishor Singh and Sharwan Kumar Mahto have been granted bail by co-ordinate Bench of this court as well as this Court in Cr. Misc. No. 53936 of 2018 and 54941 of 2018 vide order dated 31.08.2018 and 10.09.2018 respectively.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Anil Kumar, learned Additional Sessions Judge II-cum-Special Judge, Bihar Prohibition Excise Act, 2016, Begusarai in connection with Muffasil P.S. Case No. 392 of 2018. (S. Kumar, J) Rajiv/ManojU T