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Patna High CourtCR. MISC./55834/2024bail granted

Babblu Singh @ Bablu Singh v. The State Of Bihar

2024-08-31Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55834 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- BIHPUR District- Bhagalpur ====================================================== Babblu Singh @ Bablu Singh, male aged about 35 years old, Son of Buchchi Singh, Resident of village- Hario Ward no. 06, Police Station- Bihpur, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baijnath Sah, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Baijnath Sah, learned counsel appearing on behalf of the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bihpur P.S. Case No. 198 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 10 litres of countrymade liquor from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner has no concern with the seized liquor nor he is involved in trade of

Patna High Court CR. MISC. No.55834 of 2024(2) dt.31-08-2024 2/3 liquor in any manner. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the fact that 10 litres of country-made liquor has been recovered from the house of the petitioner and the petitioner has clean antecedent, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IX cum Special Exclusive Excise Judge, Bhagalpur, in connection with Bihpur P.S. Case No. 198 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.55834 of 2024(2) dt.31-08-2024 3/3

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T