Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59626 of 2025 Arising Out of PS. Case No.-250 Year-2025 Thana- Excise P.S. District- Saharsa ====================================================== Bablu Kumar S/O Lakshmi Sah, Resident of Village- Batraha, ward no. 23/36, P.S- Saharsa Sadar, District- Saharsa, Permanent resident of VillageMithai, Ward No.1, P.S- Madhepura, Distt.- Madhepura, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Saharsa Excise P.S. Case No.250 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 44.25 litre illicit foreign liquor kept beneath the drive's seat from the tempo bearing Registration No. BR-43PA-0485 and petitioner who is driver of the said vehicle was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is the driver of vehicle in question and he had no knowledge with regard to the fact that illicit liquor was kept in the vehicle. Learned counsel submits that no incriminating article has been recovered from the

Patna High Court CR. MISC. No.59626 of 2025(2) dt.17-09-2025 2/2 conscious possession of petitioner. He further submits that petitioner has no concern either with the alleged seized liquor or with the vehicle from where the alleged recovery has been made. Learned counsel submits that petitioner is in custody since 25.06.2025 and he has three criminal antecedents, in which he is on bail. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special (Excise) Judge-I, Saharsa in connection with Saharsa Excise P.S. Case No.250 of 2025.

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