Bablu Sahani @ Bablu Dev Kumar @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73146 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- PIPRA District- East Champaran ====================================================== BABLU SAHANI @ BABLU DEV KUMAR @ BABLU KUMAR SON OF VISHWANATH CHAUDHARY R/O VILLAGE- HATHIYAHI, P.O.- TIKULIYA, P.S.- PIPRA, DIST.- EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Pipra P.S. Case No. 82 of 2024 instituted for the offences under Sections 414 of the IPC and 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 10 litres of liquor was recovered from jeep.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.
Patna High Court CR. MISC. No.73146 of 2024(2) dt.04-10-2024 2/2 Learned counsel further submitted that petitioner was a passenger and has no knowledge and concern with the alleged recovery of liquor. The petitioner has two criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 82 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Alok Verma/- U T