Pappu Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4185 of 2024 Arising Out of PS. Case No.-1037 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Pappu Kumar Ram Son Of Amarjit Ram Resident Of Village - Tirbirwa, P.S. And District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 1037 of 2022 registered for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.

As per prosecution case, 162 litre country made liquor was recovered from the house of the petitioner. It is further submitted that local villagers disclosed the name of petitioner and other who succeeded in fleeing away from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.4185 of 2024(2) dt.01-02-2024 2/3 in the FIR and he has falsely been implicated in this case. Petitioner was not apprehended on spot. It is further submitted that the place from where recovery of illicit liquor has been made is a joint family property and does not belong to the petitioner. Basically no incriminating article has been recovered from conscious possession of the petitioner. Petitioner is in custody since 16.12.2023. Petitioner bears criminal antecedent of two cases. Learned counsel orally submits that petitioner is on bail in both the cases.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge Excise I, Gopalganj in connection with Gopalganj Town P.S. Case No. 1037 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.4185 of 2024(2) dt.01-02-2024 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T