Bablu Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17550 of 2024

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Arising Out of PS. Case No.-21 Year-2024 Thana- PARANDABAR District- Nawada

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Bablu Kumar Son Of Dashrath Prasad R/O-Harnarayanpur, P.S.-Parnadabar, Distt.-nawada

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Bhola Prasad @ Bhola Prasad Yadav Son Of Kailash Prasad R/OHarnarayanpur, P.S.-parnadabar, Distt.-nawada

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Ramchandra Prasad Son Of Sachitanand Prasad @ Sachidanand Prasad R/OHarnarayanpur, P.S.-parnadabar, Distt.-nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 11-03-2024 Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners seek bail in Parnadabar P.S. Case No. 21 of 2024, instituted for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 280 liters liquor was recovered from two motorcycles and the petitioners were apprehended on spot.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. No

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Patna High Court CR. MISC. No.17550 of 2024(2) dt.11-03-2024 2/3

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incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that petitioners are resident of that locality. The petitioners are in custody since 28.01.2024. Petitioner No. 1 and 2 have got one criminal antecedent in which both of them are on bail and Petitioner No. 3 has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

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

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Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parnadabar P.S. Case No. 21 of 2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioners.

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(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on

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Patna High Court CR. MISC. No.17550 of 2024(2) dt.11-03-2024 3/3

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two consecutive dates, the Trial Court will have liberty to cancel

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the bail bonds of the petitioners.

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(Rudra Prakash Mishra, J)