Babu Lal Bhagaria @ Babu Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87294 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Babu Lal Bhagaria @ Babu Lal Son of Kajor Bhagaria @ Kojar Bhagariya @ Kajod Resident of Village - Sunariya @ Sunadiya, P.S. - Dudu, District - Jaipur, State - Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bibhutipur PS Case No. 310 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 2142.720 litres of foreign liquor was recovered from Bolero Pick-up.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the vehicle and he has no

Patna High Court CR. MISC. No.87294 of 2024(2) dt.20-12-2024 2/2 knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 23.09.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 17.12.2024 in Cr. Misc. No. 85999 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bibhutipur PS Case No. 310 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T