Pappu Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8534 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== PAPPU KUMAR @ PAPPU YADAV Son of Mohan Yadav R/v- Siraundha, P.O. Umga P.S. Madanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)(b)(d) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 70 liters illicit country made liquor from valley Bandh hill and the petitioner is alleged to be involved in trade of illicit liquor. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.8534 of 2023(2) dt.13-04-2023 2/2 place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner rather his name has been disclosed in this case by local Chaukidar. Moreover, similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order 4.3.2023. passed in Cr. Misc. No. 2424 of 2023. Moreover, the petitioner is languishing in judicial custody since 30.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madanpur P.S. Case No. 393 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 1st Aurangabad.

(Sunil Kumar Panwar, J) Amandeep/- U T