Utpal Kant @ Bablu Kumar @ Bablu @ Tere Naam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34307 of 2023 Arising Out of PS. Case No.-681 Year-2021 Thana- NAWADA District- Nawada ====================================================== UTPAL KANT @ BABLU KUMAR @ BABLU @ TERE NAAM son of Sugan Prasad @ Sugan Yadav Resident of Village- Gondapur, P.S. Nawada, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nawada Town P.S. Case No. 681 of 2021 dated 01.07.2021 registered for the offences punishable u/s 33, 34 and 36 of the Bihar Prohibition and Excise Act.

As per the prosecution case, the husband of the informant died due to consumption of spurious liquor. It is further alleged that he has purchased the said liquor from some

Patna High Court CR. MISC. No.34307 of 2023(2) dt.25-05-2023 2/3 unknown person.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 17.05.2023 passed in Cr. Misc. No. 7732 of 2023.The petitioner is accused in 19 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.10.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada Town P.S. Case No. 681 of 2021, with the conditions:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.34307 of 2023(2) dt.25-05-2023 3/3 of offence in future, his bail bonds is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T