Pappu Kumar @ Maksudhan Ram @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9747 of 2024 Arising Out of PS. Case No.-99 Year-2021 Thana- BUXAR District- Buxar ====================================================== Pappu Kumar @ Maksudhan Ram @ Pappu, son of Late Suresh Ram MohSohnipatti Khalasi Ps- Buxar Town Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 171 litres of liquor from a place near bank of river.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which is accessible to public at large and does not belong to the petitioner. It is further submitted that

Patna High Court CR. MISC. No.9747 of 2024(2) dt.28-02-2024 2/2 it absolutely does not stand to reason that how the informant identified the petitioner when petitioner and the informant are not known to each other, which amply demonstrates that the informant in order to save the real culprit, falsely implicated the petitioner, who is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-1, Buxar in connection with Buxar (Town) P. S. Case No.99 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T