Bablu Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72358 of 2023 Arising Out of PS. Case No.-340 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== BABLU NAYAK S/O DEVI SINGH NAYAK R/O VILLAGEPARWATPURA, P.S- BAROTHA, DISTT.- DEWAS(MADHYA PRADESH). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 3426.12 liters of illegal IMFL from a Truck, which was being driven by the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.72358 of 2023(2) dt.28-11-2023 2/3 committed no offence. Petitioner was apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner is directed to deposit Rs. 30,000/- (thirty thousand) in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Exclusive Special Excise Court No. 1, Aurangabad in connection with Muffasil P.S. Case No. 340 of 2023.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/- (thirty thousand) by the petitioner in the account of

Patna High Court CR. MISC. No.72358 of 2023(2) dt.28-11-2023 3/3 concerned DLSA.

(Sunil Kumar Panwar, J) Arish/- U T