Bablu Kumar Gupta @ Bablu Sah vs The State Of Bihar
2021 Latest Caselaw 575 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 36967 of 2020
 Arising Out of PS Case No.-400 Year-2020 Thana- SIKARPUR District- West Champaran
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Bablu Kumar Gupta @ Bablu Sah, aged about 28 years, Male, Son of Rama Prasad, Resident of Purani Bazar, Ward No. 3, Narkatiyaganj, P.S. - Shikarpur, District- West Champaran.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Bimlesh Kumar Pandey, learned counsel for

the petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Shikarpur PS Case No. 400 of 2020 dated 08.08.2020, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that initially

from his possession 1.8 litres of liquor was recovered and upon his

disclosure 140 litres of liquor was recovered from the house of

Anjani Devi, which was kept by the petitioner.

Patna High Court CR. MISC. No.36967 of 2020 dt.02-02-2021

4. Learned counsel for the petitioner submitted that he

has been falsely implicated and at best only 1.8 litres of liquor can

be said to be recovered from him. It was submitted that the

petitioner is in custody since 09.08.2020.

5. Learned APP submitted that the petitioner has two

cases of similar nature.

6. Leaned counsel for the petitioner submitted that the

Court may impose strict conditions.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon 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, Bettiah, West Champaran in Shikarpur PS Case No. 400 of

2020 subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the Patna High Court CR. MISC. No.36967 of 2020 dt.02-02-2021

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 being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T