Bablu Chandrabanshi @ Anup Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50584 of 2022 Arising Out of PS. Case No.-327 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Bablu Chandrabanshi @ Anup Kumar Son of Devendra Kumar @ Devendra Chandrabanshi Resident of Mohalla- Tar Bangala, P.S- Dehri Nagar, DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Dehri Nagar P.S. Case No. 327 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per the prosecution case, the total recovery of 129.465 litres of liquor was alleged to be made from the open field situated near Ansari building.

Learned counsel for the petitioner submits that petitioner was not apprehended from the place of occurrence. His name was figured in this case by virtue of the co-villagers.

Patna High Court CR. MISC. No.50584 of 2022(2) dt.14-10-2022 2/3 Learned counsel for the petitioner submits that he is in custody since 02.06.2022. Nothing was recovered from the possession of the petitioner. He further submits that there is one antecedent of the petitioner since in the year 2020.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions' Judge-II cum Spcl Judge, Excise- 1, Rohtas at Sasaram in connection with Dehri Nagar P.S. Case No. 327 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.50584 of 2022(2) dt.14-10-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T