Bablu Kumar @ Kaushlendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33946 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== Bablu Kumar @ Kaushlendra Kumar S/o Jay Prakash Prasad @ Jaiprakash Singh @ Bhula Mahto, R/o Village- Simra, P.S.- Belaganj, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Belaganj P.S. Case No. 107 of 2025, registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, Police received secret information about manufacturing and selling of illicit liquor near the village Simra. Police party reached there and two to three persons started running away on seeing the Police party. One of them was apprehended along with a jerrycan and other two persons were successful in fleeing away from the spot. The apprehended co-accused namely, Samaresh Kumar disclosed the

Patna High Court CR. MISC. No.33946 of 2025(2) dt.22-05-2025 2/3 name of the petitioner and other co-accused, who made good their escape. From the search of the place, recovery of 20 litres of country made chulai mahua liquor was made, apart from implements for manufacturing the illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Except for the confessional statement of the co-accused, there is no material against the petitioner. Nothing incriminating has been recovered from person or possession of the petitioner and petitioner has no concern with the seized liquor and has not been engaged in business of liquor. The learned counsel lastly submits that the petitioner is having antecedent of one case, in which he is on bail.

5. Learned APP opposes the submission made on behalf of the petitioner and submits that petitioner is having antecedent of one case of similar nature.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and also considering the possibility of false implication, let the petitioner above-named, in the event of his arrest or surrender before the Court concerned within a period of eight weeks from

Patna High Court CR. MISC. No.33946 of 2025(2) dt.22-05-2025 3/3 today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned I/c Exclusive Special Judge Excise-2, Gaya, in connection with Belaganj P.S. Case No. 107 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(Arun Kumar Jha, J) Shahnawaz/- U T