Babloo Kumar @ Babloo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36989 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== BABLOO KUMAR @ BABLOO MAHTO Son of Kapil Dev Mahto Resident of Village- Karaitar, P.S.- Bakhari, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he received secret information that about 10-15 people are unloading foreign liquor and loading it in a small vehicle in village Nirpur, Gramin Road, accordingly the place was raided and the accused on seeing the police started fleeing and managed to flee, further on search of the vehicle 1263.09 litres of liquor was recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36989 of 2021(2) dt.14-06-2022 2/2 petitioner has been falsely implicated in the present case based on secret information and the owner of the vehicle, Arun Kumar has been granted anticipatory bail vide order dated 27.01.2022 in Cr. Misc. No. 15264 of 2021. It is further submitted that the petitioner was not arrested from the spot and as such nothing was recovered from his conscious possession.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the fact that the co-accused has been granted anticipatory bail, 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, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nawkothi P.S. Case No. 103 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T