Bablu Singh@ Bablu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50833 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- GARKHA District- Saran ====================================================== Bablu Singh@ Bablu Kumar Singh, S/O Sudarshan Singh R/O VillageGarkha, P.S- Garkha, Distt.- Saran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41, 36 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 2727.36 litres of liquor from a truck.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term. It is next submitted that it appears that Chaukidar in order to save the real culprit falsely implicated the petitioner

Patna High Court CR. MISC. No.50833 of 2023(2) dt.07-08-2023 2/2 because of his antecedent. It is next submitted that police in a mechanical manner is implicating the accused persons in cases of Excise Act. It is next submitted that 80 per cent of the cases the accused persons are being implicated at the instance of Chaukidar. It is next submitted that petitioner is not the owner of the truck.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge2nd-cum- 1st Exclusive Special Excise Court, Saran in connection with Garkha P. S. Case No.230 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T