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Patna High CourtCR. MISC./12963/2022disposed

Pappu Kumar v. The State Of Bihar

2022-05-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12963 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- MURAR District- Buxar ====================================================== PAPPU KUMAR Son of Krishna Prasad C/o- Lagandev Singh, Mahadevpuri, P.S. - Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mayank Rukhaiyar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304 and some other ancillary Sections of the IPC and u/s 30(a), 37 (B) of the Bihar Prohibition and Excise Act.

It is a case of consuming spurious liquor.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has surfaced in this case during the course of investigation in the confessional statement of co-accused. No incriminating article has been recovered from the possession of the petitioner. Petitioner is in custody since 30.01.2022. Investigation is complete.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.12963 of 2022(3) dt.16-05-2022 2/2 prayer for bail. He submits that the petitioner has got identical criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T