Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24341 of 2020 Arising Out of PS. Case No.-183 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== BABLU KUMAR S/O Late Ramsewak Rai Resident of Village - Gurhatta, Police Station - Khajekalan, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2020 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Alamganj P.S. Case No. 183 of 2020 (Special Case No. 2372 of 2020) registered for the offences punishable under Sections 30(a) and 37(C) of the Bihar Prohibition & Excise Amendment Act.

The allegation against the petitioner as per the First Information Report is that the Police intercepted one Tata Mazic vehicle and recovered a total quantity of 1350 litres of illicit liquor from the same. The petitioner was arrested in drunken condition as a driver from the said vehicle.

Patna High Court CR. MISC. No.24341 of 2020(2) dt.21-09-2020 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the petitioner is not the owner of the vehicle in question and he was not aware about the illicit liquor being kept inside the vehicle in question. Learned counsel also submits that the petitioner is in custody since 08.03.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, above named, be released on regular bail, after framing of charge, on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Alamganj P.S. Case No. 183 of 2020 (Special Case No. 2372 of 2020) on the following condition:

(i) that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Patna High Court CR. MISC. No.24341 of 2020(2) dt.21-09-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T