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Patna High CourtCR. MISC./14907/2024disposed

Pappu Kumar Yadav @ Pappu Yadav v. The State Of Bihar

2024-03-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14907 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Pappu Kumar Yadav @ Pappu Yadav, Son Of Kameshwar Yadav Resident Of Village - Postapur Dhaniawaha, Police Station - Keoti, District - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

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, 2022.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 206.250 litres of liquor from an auto and 17.280 litres of liquor from a motorcycle.

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 is not the owner of any of the seized vehicle and he came to be implicated at the instance of local people, but then, the name of the person, who

Patna High Court CR. MISC. No.14907 of 2024(2) dt.11-03-2024 2/2 disclosed the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution, when admittedly petitioner 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 Judge, Excise-1, Darbhanga in connection with Keoti P. S. Case No.357 of 2023, 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