Babloo Kumar @ Babloo Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41173 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== BABLOO KUMAR @ BABLOO SONAR Son of Ramlal Prasad Resident of Mohalla-Tara Nagar Chas, P.S.-Chas, District-Bokaro, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neerad Parashar For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(I) (II), 36, 41(I)(II) of the Bihar Prohibition and Excise Act. As per FIR, prosecution case relates to recovery of total 250 liters illicit liquor from a vehicle bearing Registration no. BR31GB-6583 and the petitioner is said to have indulged in illicit trade of liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with vehicle in question. Neither the petitioner was

Patna High Court CR. MISC. No.41173 of 2023(2) dt.14-07-2023 2/2 apprehended on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by arrested co-accused Guddu and Ranjit. Moreover, the petitioner is languishing in judicial custody since 9.6.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Noorsarai P.S. Case No. 260 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Nalanda.

(Sunil Kumar Panwar, J) Amandeep/- U T