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Patna High CourtCR. MISC./57458/2025allowed

Bablu Kumar @ Bablu Patel v. The State Of Bihar

2025-09-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57458 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- THAWE District- Gopalganj ====================================================== Bablu Kumar @ Bablu Patel S/o- Baleshwar Patel Village- Harpur POManikpur PS- Gopalganj Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Adv For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, 90 litres of countrymade liquor was recovered from the bags which were kept on the motorcycle of the petitioner. It is alleged that two persons fled away upon seeing the police party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of being the owner of the seized motorcycle. He further submits that the motorcycle of the petitioner was stolen and in this regard, petitioner has already informed the police and also filed the FIR bearing Phulwariya

Patna High Court CR. MISC. No.57458 of 2025(2) dt.09-09-2025 2/2 P.S. Case No. 41/2025. The petitioner has no concern either with the alleged illicit liquor or with the co-accused persons. He further submits that there is no independent witness in the seizure list. The petitioner has clean antecedent. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge 13th cum Special Excise Court No. 1, Gopalganj, in connection with Thawe P.S. Case No. 59/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) krishnakant/- U T