Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48121 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- ANTI District- Gaya ====================================================== Bablu Kumar Son of Sri Sachidanand Singh Resident of Village-Pirma, P.S.- Gurua, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Anti P.S. Case No. 54 of 2023 instituted for the offence under Sections 272, 273, 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. As per FIR, the petitioner was apprehended on the spot and from a motorcycle bearing Reg. No. JH01BX5561, total 75 liters country made Mahua liquor was recovered.

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

Patna High Court CR. MISC. No.48121 of 2023(3) dt.28-08-2023 2/3 this present case due to dirty village politics. He has no concern with the alleged recovery nor vehicle in question belongs to him. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 21.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner being driver of the alleged vehicle is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Anti P.S. Case No. 54 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum Exclusive Special Excise Court-II, Gaya.

Patna High Court CR. MISC. No.48121 of 2023(3) dt.28-08-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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