Bablu Khan @ Babalu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33214 of 2018 Arising Out of PS. Case No.-205 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Bablu Khan @ Babalu Khan, Son of Mustafa Khan, Resident of VillageHarpur, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Sanjay Kumar Pandey For the Opposite Party/s :

Sri Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-06-2018 Heard Sri Sanjay Kumar Pandey, learned counsel for the petitioner and Sri Shyam Kumar Singh, learned Additional Public Prosecutor.

The sole petitioner , having clean antecedent , which fact has been stated in paragraph no. 3 of the petition, apprehending his arrest in connection with Raghunathpur P.S. Case No. 205 of 2017, registered for the offence under Section 272/273 / 308 of the Indian Penal Code , 1860 and Section 30/ 38 of the Bihar Prohibition and Excise Act , 2016, has prayed for grant bail in the event of his arrest or surrender. By way of referring to the F.I.R. it was submitted by learned counsel for the petitioner that in this case from an open Khalihan of one Tribhuwan Singh recovery of more than 50 liters of Indian make foreign liquor was shown and only on

Patna High Court Cr.Misc. No.33214 of 2018(2) dt.14-06-2018 2/2 the ground that some of the villagers disclosed without indicating the name of the villager petitioner's name has come in the present case.

Learned Additional Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, considering the fact that nothing was recovered from conscious possession of the petitioner, clean antecedent of the petitioner and the nature of accusation, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Bablu Khan @ Babalu Khan be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Siwan / concerned court in connection with Raghunathpur P.S. Case No. 205 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T