Patna High CourtCR. MISC./80801/2019bail granted

Bablu Kumar v. The State Of Bihar

2020-01-07Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80801 of 2019 Arising Out of PS Case No.-871 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== Bablu Kumar, aged about 42 years, Male Son of Dayanand Saw Resident of Village- Korut P.S.- Chandi, District- Nalanda at present residing in C.I.D. Colony Near Temple of Satanarayan Singh P.S.- Shastrinagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the State :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Shastrinagar PS Case No. 871 of 2019 dated 11.11.2019 instituted under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation there is recovery of 26.655 litres of illicit liquor from the house of the petitioner.

4. Learned counsel for the petitioner submitted that the house is a joint establishment not solely belonging to the petitioner

Patna High Court CR. MISC. No.80801 of 2019 dt.07-01-2020 2/3 and there are other residents also. It was further submitted that from the conscious possession of the petitioner such recovery has not been made and he is in custody since, 12.11.2019.

5. Learned APP submitted that there has been recovery of illicit liquor from the house of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna, District- Patna in Shastrinagar PS Case No. 871 of 2019.

7. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

Patna High Court CR. MISC. No.80801 of 2019 dt.07-01-2020 3/3

8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T