Babloo Poddar @ Shashi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23200 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Babloo Poddar @ Shashi Ranjan Kumar, Son of Ram Pravesh Poddar, Resident of Mohalla - Ambika Nagar, Tarkulwa, P.S. - (Banjariya) Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Hari Kishore Thakur, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Turkauliya ( Banjariya) P.S. Case No. 105 of 2018 , registered for the offence under Section 272 / 273 of the Indian Penal Code, 1860 and 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 at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. Besides this, by way of referring to the F.I.R. it has been argued that recovered Indian make foreign liquor was shown to be

Patna High Court Cr.Misc. No.23200 of 2018(2) dt.23-04-2018 2/2 recovered from a latrine, which was outside of the house in open area. It has been argued that petitioner is residing with his father, who is in Telephone Department in Government premises and the house from where recovery was shown was under construction and that too, the toilet from which recovery was shown was in open area.

Considering the nature of accusation and clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Babloo Poddar @ Shashi Ranjan Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge - cumSpecial Judge, Excise Act, East Champaran, Motihari / concerned court in connection with Turkauliya ( Banjariya ) P.S. Case No. 105 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T