Bablu Singh @ Babloo Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33766 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- NAYAGAON District- Saran ====================================================== Bablu Singh @ Babloo Kumar Singh Son of Harivansh Singh Resident of village - Bajitpur, P.O.- Nayagaon, P.S.- Nayagaon, District - Saran at Chapra 841217.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mr. Jeetendra Narayan, learned counsel for the petitioner and Mr. Ajay Kumar No.2, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Nayagaon P.S. Case No. 52 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 13.03.2025 by the informant, Ritikesh Kumar.
3. As per the prosecution story, the informant alleged that on secret information, the place was raided two persons managed to escape named by the locals as this petitioner and Rankaj Kumar Singh and there is recovery of 25.305 litres foreign liquor from the bushes. This led to the FIR.
Patna High Court CR. MISC. No.33766 of 2025(2) dt.20-05-2025 2/3
4. Learned counsel for the petitioner submits that admittedly, the recovery is from the bushes not from his house, only because his home is nearer to the alleged recovery and he has criminal antecedent, got implicated.
5. Learned APP opposes the prayer submitting that his name has come as the person who escaped.
6. Taking into account the submissions of the parties as also that recovery is not from the conscious possession rather from an open place, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge Saran at Chapra in connection with Nayagaon P.S. Case No.52 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.33766 of 2025(2) dt.20-05-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T