Babloo Singh @ Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28886 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- NOKHA District- Rohtas ====================================================== BABLOO SINGH @ BABLOO KUMAR Son of Jagnath Singh Resident of Village- Sisrit Keshav Tola, Police Station- Nokha (Dharmpura), DistrictRohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nokha (Dharmpura) P.S. Case No. 40 of 2019, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

466.560 liters of foreign liquor is said to have been recovered from the straw kept in the field of Ram Parvesh Singh.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of

Patna High Court CR. MISC. No.28886 of 2019(3) dt.05-08-2019 2/2 recovery or any trade of liquor. He has been falsely implicated in this case. There is nothing on record to indicate the complicity of the petitioner in the occurrence. The place of recovery is an open place and is easily accessible to all. There is violation of Section 100 Cr.P.C., hence no offence under Excise Act is made out against the petitioner. He has no criminal antecedent.

On the other hand, learned A.P.P. for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below 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 the learned Special Judge, Excise, Act, Rohtas at Sasaram in connection with Nokha (Dharmpura) P.S. Case No. 40 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T