Babloo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60045 of 2024 Arising Out of PS. Case No.-55 Year-2019 Thana- THARTHARI District- Nalanda ====================================================== Babloo Kumar S/o- Late Kapil Yadav @ Late Barahil Yadav R/O - Atbalchak, P.S - Tharthari, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in connection with Tharthari P.S. Case No. 55 of 2019 registered for the offences punishable under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3.
Prosecution case in short is that 20 litres liquor was recovered from Atabalchak in Badhar near Pain. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.60045 of 2024(2) dt.23-08-2024 2/2 no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 09-04-2024, passed in Cr. Misc. No. 27868 of 2024.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tharthari P.S. Case No. 55 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Rudra Prakash Mishra, J) Raj Kishore/- U T