Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59052 of 2025 Arising Out of PS. Case No.-373 Year-2025 Thana- Excise P.S. District- Kishanganj ====================================================== Bablu Kumar Son of Shankar yadav R/o Village - Baijnathpur, Ward no. 23, P.S. - Baijnathpur, Dist. - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special Case No. 382 of 2025 arising out of Excise P.S. Case No. 373 of 2025 for the offence registered under Sections 272, 273, 308 of the IPC and Sections 30 (a) and 32 (3) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 84.660 litres of illicit foreign liquor recovered from a secret container made under the seat of driver in a green colour tempo bearing Registration No. BR38P-5661. Petitioner is the driver of the seized tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the driver of the seized tempo. Petitioner was not the owner

Patna High Court CR. MISC. No.59052 of 2025(3) dt.09-10-2025 2/2 of the seized tempo. He had no knowledge about the seized liquor loaded in the tempo. Nothing incriminating recovered from the conscious possession of the petitioner. Charge-sheet has already been submitted after completion of investigation and there is no chance of tampering with the evidence or absconding the petitioner. Petitioner is in jail custody since 16.07.2025, having no criminal antecedent. Petitioner undertakes to cooperate in the trial of the case.

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 and the submissions of learned counsel for the parties and 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 Court concerned, Kishanganj, in connection with Special Case No. 382 of 2025 arising out of Excise P.S. Case No. 373 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T