Bablu Saw @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6287 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== BABLU SAW @ BABLU KUMAR Son of Late Chandu Kanu @ Chandu Saw Resident of Village - Baburbani Colony, P.S.- Koilwal, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Bharat Lal APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Bharat Lal, learned counsel appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Excise Case No. 1310 of 2020 arising out of Koilwar P.S. Case No. 398 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The allegation as per the First Information Report is that Police on the basis of secret information proceeded towards the place of occurrence and recovered a total quantity of 139 liters of illicit liquor from the Northern side of the house of Upadhaya Mistri and arrested the co-accused / Upadhaya Mistri who disclosed the name of petitioner and other accused persons. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.6287 of 2021(2) dt.15-04-2021 2/3 petitioner has not committed any offence in the manner alleged and he has been dragged in this case on the basis of disclosure of his name by the arrested co-accused / Upadhaya Mistri as the person working in his house. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him and the petitioner has got no criminal antecedent. Learned counsel next submits that the co-accused / Upadhaya Mistri has been granted bail by this Court in Cr. Misc. No. 2629 of 2021 and the petitioner is in custody since 04.10.2020.
Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that the co-accused / Upadhaya Mistri has been granted bail by this Court, no illicit liquor has been recovered from the conscious possession of the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge -IV, Bhojpur at Ara in connection with Excise Case No.
Patna High Court CR. MISC. No.6287 of 2021(2) dt.15-04-2021 3/3 out of Koilwar P.S. Case No. 398 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T