Babloo Singh @ Babloo Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78416 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Babloo Singh @ Babloo Kumar Singh Son of Harivansh Singh Resident of Village- Bajitpur, P.O- Nayagaon, P.S- Nayagaon, District- Saran at Chapra841217 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024 1.

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

2.

This application, for grant of anticipatory bail, arises out of Nayagaon PS case no. 171 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3.

The prosecution story, as per the First Information report, is that on 09.09.2024, police got information that petitioner was carrying illicit liquor on his motorcycle, upon which, police party proceeded towards the place of occurrence and saw that one motorcycle rider, driving rashly, started fleeing away but in the meanwhile, one bag fell down from the motorcycle and motorcycle rider succeeded in fleeing away,

Patna High Court CR. MISC. No.78416 of 2024(2) dt.04-12-2024 2/3 leaving the motorcycle.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information. He further submits that the registration number of the motorcycle has not been mentioned in the F.I.R. and as per the seizure list, illicit liquor has been recovered from the PCC road near the house of the petitioner, which is an open space, accessible to everyone. Petitioner is having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and illicit liquor has been recovered from the road side, which is an open space, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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 learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Nayagaon PS case no. 171 of

Patna High Court CR. MISC. No.78416 of 2024(2) dt.04-12-2024 3/3 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T