Bablu Mali @ Bablu Kumar Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70400 of 2019 Arising Out of PS. Case No.-192 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

BABLU MALI @ BABLU KUMAR MALI Son of Ram Awtar Mali Resident of - Dirkhili, P.S.- Durgawati, Dist.- Kaimur. 2.

Niraj Ram Son of - Shivmuni Ram @ Dakhaharaj Ram Resident of Village - Mahro, P.S.- Mohania, District- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Durgawati P.S.Case No.192 of 2019 corresponding to Special Case No.R 470 of 2019 , registered for offences punishable under Sections 414/120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. There is recovery of 25.775 ltrs. of liquor from an Ascent Hundai Car and one person was arrested and it is said that the petitioner and other accused persons succeeded in fleeing away.

Submission of the learned counsel for the petitioners is that except the confessional statement there is nothing against

Patna High Court CR. MISC. No.70400 of 2019(2) dt.16-01-2020 2/2 him and they are not accused in similar type of case . Earlier a similar situated co-accused had been granted anticipatory bail by a Co-ordinate Bench of this court, vide order dated 30.8.2019 passed in Cr. Misc. No54742 of 2019. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of2019 Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ IV cum Special Judge (Excise) Kaimur at Bhabua in connection with Durgawati P.S.Case No.192 of 2019 corresponding to Special Case No.R 470 of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T