Bablu Kumar @ Bablu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47068 of 2018 Arising Out of PS.Case No. -88 Year- 2018 Thana -GAURICHAK District- PATNA ======================================================
1. Bablu Kumar @ Bablu Paswan, S/o Bharat Paswan, resident of villageKushawan Veer, P.S.- Dhanarua, District- Patna, State- Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016.
35 liters of country made liquor is said to have been recovered from the motorcycle of the petitioner and one another accused sitting on the said motorcycle. They managed to escape. Petitioner happens to be owner of the said motorcycle. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the
Patna High Court Cr.Misc. No.47068 of 2018 (2) dt.02-08-2018 2/2 seized liquor. He has been falsely implicated in this case by the police at the instance of his enemy by recording confessional statement of the apprehended accused which has no evidentiary value in the eye of law. Barring the confessional statement of the apprehended accused, there is nothing on record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 24.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Civil Court, Patna in connection with Gaurichak P.S. Case No. 88 of 2018 (Special case No. 3667 of 2018).
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T