Bablu Sngh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70717 of 2022 Arising Out of PS. Case No.-362 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Bablu Sngh, Male, aged about 45 years, Son of Late Ram Balak Singh R/o Village - Madhurapur, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-02-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sultanganj PS Case No. 362 of 2022 dated 23-09-2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

As per allegation in the First Information Report (for brevity FIR) total 1300 liters illicit liquor has been recovered from a Tata 407 vehicle. The petitioner is stated to be the driver of the vehicle.

Learned counsel for the petitioner submits that the petitioner was not conscious of the contents in the vehicle as his services were hired on professional basis at the last moment to drive the vehicle in-question. The petitioner has thereafter been taken in custody on account of the above circumstances though he has no concern with the illicit liquor. It is submitted that investigation is complete. Recovery is denied and disputed as being not in

Patna High Court CR. MISC. No.70717 of 2022(2) dt.03-02-2023 2/2 accordance with law.

The petitioner is in custody since 25-09-2022, though he has no antecedents.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of petitioner's implication, period of custody, clean antecedent as also the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released 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, Exclusive Excise Court No.- 2 Bhagalpur, in connection with Sultanganj PS Case No.

362 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T