Babloo Prasad @ Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28100 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- Kadirganj P.S. District- Nawada ====================================================== Babloo Prasad @ Babloo Yadav S/O Late Lato Yadav R/O Vill.- Bajrangi Bigha, P.S.- Kadirganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj, Advocate Mr. Mayank Wilochan, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Hansraj along with Mr. Mayank Wilochan learned counsel appearing on behalf of the petitioner and Ms.Asha Kumari, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kadirganj P.S. Case No. 106/2024 registered for the offence(s) punishable under Sections 30(d) and 41 of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 15 litres of Mahua Mitha Ghol and other incriminating articles alleged to be used for manufacturing of illicit liquor were found at the place of spot. 1500 litres Mahua Jawa Ghol were also being fermented. Name of the petitioner has been disclosed by the Chowkidar.

Patna High Court CR. MISC. No.28100 of 2025(2) dt.07-05-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that name of the petitioner has been roped in the present case because petitioner has two criminal antecedents of similar nature. Recovery of illicit Mahua Java Ghol has been made from the Badhar in Village Bajrangi Bigha, which is an open space and is easily accessible by anyone. Petitioner has no concern either with the place of recovery or with the alleged seized Mahua Java Ghol.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada in Kadirganj / Concerned Court in connection with Kadirganj P.S. Case No. 106/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.28100 of 2025(2) dt.07-05-2025 3/3

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T