Bablu Kumar @ Bablu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58702 of 2023 Arising Out of PS. Case No.-248 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Bablu Kumar @ Bablu Mahto S/O Harihar Singh Resident Of Mehandiganj, P.S. Sasaram Mufassil, District Rohtas (SASARAM) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sasaram (M) P.S. Case No. 248 of 2018 instituted under Sections 30(a), 34 and 38 of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, there is recovery of 2073.6 liters of liquor from the Dalan of co-accused Tulsi Singh.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to two criminal antecedents against him. The house from where the seized liquor has been recovered does not belong to the petitioner and he has no concern with the alleged recovery. There is no material against the petitioner.
Patna High Court CR. MISC. No.58702 of 2023(2) dt.06-09-2023 2/2
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2 cum Additional District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 248 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) saurabhkr/- U T