Patna High CourtCR. MISC./30130/2025bail granted

Bablu Kumar v. The State Of Bihar

2025-05-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30130 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- SONEPUR District- Saran ====================================================== Bablu Kumar S/O Sanjay Singh R/O Village- Gangajal Tola, P.S- Sonpur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sonpur P.S. Case No. 162 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Act lodged on 23.02.2025 by the informant, Kundan Kumar.

3. As per the prosecution story, the informant alleged that on secret information about the accused persons manufacturing illegal country made wine, reached the place, they managed to escape but there is recovery/seizure of 175 litres wine besides 1000 litres of liquid which was destroyed. This led to the FIR.

4. Learned Counsel for the petitioner submits that recovery/seizure is from a local place not from his conscious

Patna High Court CR. MISC. No.30130 of 2025(2) dt.19-05-2025 2/3 possession.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that he has criminal antecedent.

6. Taking into account the aforesaid facts as also that the recovery/seizure is not from his conscious possession, 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 Exclusive Special Excise Judge-2, Saran at Chapra in connection with Sonpur P.S. Case No. 162 of 2025 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

Patna High Court CR. MISC. No.30130 of 2025(2) dt.19-05-2025 3/3 bond by the Trial court itself;

(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 T