Bablu Kumar @ Bablu Sonar @ Bablu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33075 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== BABLU KUMAR @ BABLU SONAR @ BABLU THAKUR Son of Uma Shankar Prasad Resident of Village - Garha, P.S.- Pupari, Distt - Sitamarhi, at present Village and P.S.- Pupari, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

There is no recovery from the conscious possession of the petitioner. It is stated in para-6 of the bail petition that the place from where illicit wine was recovered is belonged to the petitioner and from the date of purchase he gave that land on rent and in that land earlier a poltry form was started but that business was closed. Then a person namely Tunna Singh started a business of Sariya and Cement but unfortunately that business was also closed and at present that land is vacant. It is further stated in para-7 that the land is situated at the border of

Patna High Court CR. MISC. No.33075 of 2019(3) dt.22-08-2019 2/2 Sitamarhi, Darbhanga and Madhubani District and it is deserted land and taking the benefit of deserted land some unsocial element after breaking the lock of that land started to keep wine without the knowledge of the petitioner because of the fact that petitioner is running the business of Jewellery and he has no time to go on that land.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail 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 A.D.J. IInd-cum-Special Judge, Excise, Madhubani in connection with Benipati Police Station Case No. 18 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U