Patna High CourtCR. MISC./43616/2023bail granted

Bablu Singh v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43616 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== Bablu Singh Son Of Ramayan Singh Resident Of Village- Thakurai Bairaiya, Ps Uchkagaon, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 179 of 2022 dated 21.08.2022 registered for the offences punishable u/ss 414, 467, 468, 420 and 120B read with section 34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 720 litres of

Patna High Court CR. MISC. No.43616 of 2023(2) dt.27-07-2023 2/3 country made liquor was recovered from a Scorpio vehicle.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not present on the spot. The name of the petitioner has sprung up in the confessional statement of the co-accused, Wakil Kumar. The petitioner has no concern with alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has 17 criminal cases and he is on bail in 16 criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2023.

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

7. 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, Gopalganj in connection with Gopalpur P.S. Case No. 179 of 2022 with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.43616 of 2023(2) dt.27-07-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

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