Bablu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61094 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Bablu Kumar Sah S/O Biswanath Sah R/O Village- Shishodih, P.S- Sadar (Mobi O.P), Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with P.R. No. 19 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 4.5 liters country made liquor from a hut which belongs to co-accused namely, Sulinder Paswan.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The hut from where the recovery has been made, belongs to co-accused namely, Sulinder Paswan and petitioner has no concern with the alleged recovery of illicit liquor. Nothing has been recovered from the

Patna High Court CR. MISC. No.61094 of 2022(2) dt.09-12-2022 2/2 petitioner's tempo which stands near the alleged place of occurrence and due to which the name of the petitioner transpired in this case. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that the recovery of liquor is meagre in quantity, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with P.R. Case No. 19 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cumSpecial Judge-1st (Excise Act), Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T