Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6796 of 2024 Arising Out of PS. Case No.-136 Year-2021 Thana- KHARIK District- Bhagalpur ====================================================== Pappu Yadav S/O Late Harendra Yadav Village- Jagir Kariya, Ps. Kotwa, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kharik P.S. Case No. 136 of 2021 instituted for the offence under Sections 30(a) & 38(i) of the Bihar Prohibition and Excise Act. 3.

As per prosecution case, there is recovery of total 10720 liters of spirit from truck bearing registration No. BR01GA5406.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-12-2023. Petitioner bears one criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.6796 of 2024(2) dt.16-02-2024 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has been disclosed by one 'Laddu Singh' who is co-driver of the truck and he alleges that the spirit was brought on the order of some accused persons including the petitioner. Petitioner has no concern with the alleged recovered spirit. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973. Other similarly situated co-accused persons have been granted bail by Co-ordinate Bench of this Court passed in Cr. Misc. No. 60416 of 2023, Cr. Misc. No. 4476 of 2024 & Cr. Misc. No. 53578 of 2021.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and manner of implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kharik P.S.

Patna High Court CR. MISC. No.6796 of 2024(2) dt.16-02-2024 3/3 Case No. 136 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T