Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6163 of 2023 Arising Out of PS. Case No.-167 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== PAPPU KUMAR SON OF RAM BAHADUR RAY R/O VILL.- SOHRATHA, P.S.- BELSAR O.P., DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Adv For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Vaishali P.S. Case No. 167 of 2020 dated 25.05.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 4590 litres of illicit liquor was recovered from a truck standing out of the house of the co-accused person.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.6163 of 2023(2) dt.05-05-2023 2/2 petitioner. Learned counsel has further submitted that alleged recovery is from the field which did not belong to the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is also accused in four criminal cases other than the present one and in all four criminal cases, the petitioner is on bail. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 14.12.2021 passed in Cr. Misc. No. 36337 of 2021. The petitioner is in custody since 14.12.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 167 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T