Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2099 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== PAPPU CHAUDHARY Son of Mishri Chaudhary Resident of Village-Gulani, P.S.-Deep Nagar, District-Nalanda.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Deepnagar P.S. Case No.216 of 2019 registered for the offence punishable under sections 272, 273 and 290 of the Indian Penal Code and section 30(A) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information, the police personnel reached by the side of the river. On seeing the police personnel, eight persons started to flee away out of whom two persons were arrested and 45 litres of Mahua liquor was recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.2099 of 2020(2) dt.26-02-2020 2/2 that the petitioner was neither arrested at the spot nor any incriminating article was recovered from his possession. His name transpired in the confessional statement of co-accused made before the police and he has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Deepnagar P.S. Case No.216 of 2019, he will be enlarged 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 the learned Additional Sessions Judge-III-cum-Special Judge, Excise, Nalanda at Biharsharif, subject to the condition as laid down under section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J.) amit/- U T