Bablu @ Bablu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53057 of 2016 Arising Out of PS.Case No. -186 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Bablu @ Bablu Giri Son of Khgeshwar Giri, Resident of VillageBangama (Lohagara Hat), P.S. Bahadurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 15.11.2016 in connection with Bahadurganj P.S.Case No. 186 of 2016 registered for the offence punishable under Section 47 of the Bihar Excise Act, 2016.

The prosecution case as lodged by the police personnel is that after search near the bamboo bushes, they found 14 litres, 400 ml. of Nepali saufi wine contained in two bags. On enquiry, the villagers stated that the petitioner and one another coaccused, namely Madhav had kept the said wine there. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that nothing has been recovered from his conscious possession and recovery has been made from

Patna High Court Cr.Misc. No.53057 of 2016 (2) dt.21-12-2016 2/2 the public place. He submits that investigation is going on and the petitioner undertakes not tamper with the prosecution evidence. It is further submitted that another co-accused on similar allegation has since been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 50854 of 2016 on 25.11.2016.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and that the petitioner undertakes not to tamper with the evidence and another co-accused has since been granted the privilege of bail , let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 186 of 2016. (Nilu Agrawal, J) Sudha/- U T