Bablu Kumar @ Ranjit Kumar @ Bablu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36688 of 2021 Arising Out of PS. Case No.-529 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== BABLU KUMAR @ RANJIT KUMAR @ BABLU MISHRA Son of Late Ramashankar Mishra Resident of Village - Bishunpur Baghnagari, P.S.- Sakra, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Mr. Indrajeet Bhushan, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Sakra PS Case No. 529/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016. The police, on the basis of secret information that a huge quantity of illicit liquor has been kept inside the house of co-accused, Sajjan Mishra, proceeded towards the place of occurrence and recovered 614.520 litres of foreign liquor from his house and arrested him along with his son. The name of petitioner and another was disclosed by the arrested co-accused, Sajjan Mishra.

Patna High Court CR. MISC. No.36688 of 2021(2) dt.06-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been made accused in this case on the disclosure of his name by co-accused, Sajjan Mishra and he has not committed any offence in the manner alleged. Learned counsel further submits that from the seizure list, it would be evident that recovery of illicit liquor has been made from the house of co-accused, Sajjan Mishra and he has been granted bail by a Bench of this Court vide Cr. Misc. No.13312/2021. It is further submitted that one another co-accused, namely, Sujeet Kumar, whose name was disclosed by Sajjan Mishra, has also been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 10218/2021.

It is next submitted that petitioner is in custody since 01.03.2021 and the charge-sheet has already been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by Co-ordinate Benches of this Court, petitioner is in custody since 01.03.2021 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the conditions that:-

Patna High Court CR. MISC. No.36688 of 2021(2) dt.06-01-2022 3/3 (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

Accordingly, let the petitioner, BABLU KUMAR @ RANJIT KUMAR @ BABLU MISHRA be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Sakra PS Case No. 529/2020.

(Anil Kumar Sinha, J) perwez U T