Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3031 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- GOH District- Aurangabad ====================================================== Pappu Kumar S/O Santosh Yadav R/O Village- Akauna, P.S- Goh, Distt.- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Goh Police Station Case No. 320 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution story, the allegation against the petitioner is that on 31.10.2024, the police on the basis of secret information intercepted three persons carrying liquor on two motorcycles and recovered 200 liters of liquor from the two motorcycles and arrested one Pankaj Kumar, who was riding the first motorcycle bearing registration no. BR24K5397 and two other persons riding

Patna High Court CR. MISC. No.3031 of 2025(3) dt.15-02-2025 2/3 another motorcycle succeeded to flee away. The name of the petitioner has been disclosed by the arrested co-accused Pankaj Kumar.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of disclosure made by the arrested co-accused persons and the motorcycle from which the illicit liquor has been recovered does not belong to the petitioner as stated in paragraph no. 8 of this application. It has further been submitted that the petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is having no criminal antecedent and he is not the owner of the motorcycle from which the liquor has been recovered, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.3031 of 2025(3) dt.15-02-2025 3/3 each to the satisfaction of learned Special Judge, Excise, Second, Aurangabad (Bihar), in connection with Goh Police Station Case No. 320 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S., 2023. (Anil Kumar Sinha, J) aditya/- U T