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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20875 of 2022 Arising Out of PS. Case No.-389 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Babloo Goswami @ Babloo Kumar Goswami, Son Of Manikant Goswami Resident Of Vill.- Hansa, Ward No.- 9, P.S.- Raniganj, Dist.- Araria, State - Bihar 854912.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Riya Giri Mr. Sumit Kumar Jha For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 413, 468, 471 of the I.P.C. and Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 476.250 litres of liquor from a Magic vehicle. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the vehicle does not belong to the petitioner, nor the

Patna High Court CR. MISC. No.20875 of 2022(2) dt.28-09-2022 2/2 petitioner is the driver of the vehicle and his name transpired in the confessional statement of Pankaj Kumar which per se does not have any evidentiary value.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raniganj P. S. Case No.389 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T