Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49705 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== BABLU KUMAR SON OF RAVINDRA HATHI RESIDENT OF VILLAGE PHULKAHA WARD NO 12, PS- SONBARSA, DIST- SIATAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2023 Heard the parties.
2. Petitioner apprehends his arrest in connection with Kanhauli PS Case No. 39/2023 dated 08.03.2023 registered for the offence punishable under Sections 353, 225 of the IPC and Section 30(a), 45 of Bihar Prohibition & Excise Act.
3. The police, on getting secret information, intercepted a Car bearing Registration No. BRIV-6260 and recovered 13 litres of Nepali Beer and 23.640 litres of English wine. One of the two persons sitting in the car succeeded in fleeing away.
4. Learned counsel for the petitioner submits that the petitioner has been made accused on the basis of disclosure of his name by the arrested accused person. Learned counsel further submits that neither the car, from where recovery has
Patna High Court CR. MISC. No.49705 of 2023(2) dt.16-08-2023 2/2 been made, belongs to the petitioner nor he has got any concern with seized illicit liquors. Petitioner has got clean antecedent.
5. Having regards to the submissions made by the parties and taking into consideration the fact that the car in question does not belong to the petitioner nor he has any concern with the seized illicit liquor and the petitioner has got clean antecedent, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1, Excise Act, Sitamarhi in connection with Kanhauli PS Case No. 39/2023, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T