Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42871 of 2025 Arising Out of PS. Case No.-363 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Babloo Kumar S/o Mewa Sao, R/o- Thakur Sthan, Rajgir, P.S - Rajgir, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 6.375 litre illicit foreign liquor kept in bag from the Hero Glamour motorcycle of petitioner bearing Registration No. BR21V-1895.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He further submits that petitioner had parked his motorcycle by roadside in the market and he had no knowledge about keeping any liquor on the motorcycle. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.42871 of 2025(3) dt.23-09-2025 2/2 petitioner and he has no concern with the alleged seized liquor. He further submits that except the fact that petitioner is owner of the motorcycle, there is no material on record against the petitioner to show the involvement of petitioner in the trade and business of illicit liquor. Learned counsel submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Rajgir P.S. Case No.363 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T