Pappu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4154 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Pappu Sah Son of Nathuni Sah R/o vill - Rotiniya, P.S. - Karja, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case in nutshell is that during night patrolling, police intercepted two cars and apprehended co-accused Bablu Paswan and Suraj Paswan and from their car, total 209 litres of illicit liqor was recovered and thy disclosed the name of the petitioner and others as of their liquor trade associates.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.4154 of 2024(2) dt.08-02-2024 2/3 committed no offence. He has no concern with the alleged recovery or with the vehicles in question. . The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which in inadmissible in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He has been remanded in this case from Karja PS Case No. 311 of 2023 on 13.12.2023 and since then languishing in judicial custody.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. II,

Patna High Court CR. MISC. No.4154 of 2024(2) dt.08-02-2024 3/3 Muzaffarpur in connection with Karja P.S. Case No. 371 of 2023.

(Sunil Kumar Panwar, J) sushma/- U