Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4849 of 2024 Arising Out of PS. Case No.-866 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Pappu Kumar Son of Late Vijay Prasad Resident of village - Kauakhoh, P.S.- Hariharganj, District - Palamu (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise P.S. Case No. 866/2023 registered for the offences punishable under Sections 30(a), 32(i) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018 and 41(1), 41(2) of Bihar Excise Act, 2016.

As per prosecution case, 216 litre foreign liquor was recovered from tempo vehicle in question and petitioner was apprehended on spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is neither owner nor driver of the vehicle in question

Patna High Court CR. MISC. No.4849 of 2024(2) dt.06-02-2024 2/3 and he has no knowledge regarding the illicit liquor kept in the said vehicle. Petitioner was apprehended on spot on the basis of suspicion. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Seizure list has not been made as per law. Petitioner is in custody since 19.11.2023. Learned counsel orally submits that charge sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears no criminal antecedent.

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, keeping in view clean antecedent of the petitioner, 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 Special Judge Excise-II, Aurangabad(Bihar) in connection with Excise P.S. Case No. 866/2023, subject to the following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.4849 of 2024(2) dt.06-02-2024 3/3 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