Babloo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20854 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- BYPASS District- Patna ====================================================== BABLOO RAI S/o Late Asharfi Rai R/o Village- Mahuli, P.S.- Didarganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with By Pass P.S. Case No. 354 of 2024 for the offence registered under sections 318(4) of the BNS and Section 7E.C. Act lodged on 08.08.2024 by the informant Kishore Kunal.

3. As per the prosecution story, the informant alleged that on information, the Police conducted raid and found illegal gas cylinders, the seizure has been made which followed the FIR. Allegation is that this petitioner is involved in storage and refilling of domestic cylinder.

4. Learned Counsel for the petitioner submits that the recovery/seizure is from outside his shop and not from the conscious possession, only to implicate, the Police has lodged

Patna High Court CR. MISC. No.20854 of 2025(2) dt.30-04-2025 2/3 the FIR, he do not have criminal antecedent.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Taking into account the aforesaid facts as also that the recovery/seizure is outside the shop, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Patna City in connection with By Pass P.S. Case No. 354 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

Patna High Court CR. MISC. No.20854 of 2025(2) dt.30-04-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U