Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12705 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- KHIRI MORE District- Patna ====================================================== PAPPU KUMAR S/o Ram Iswar Mistry @ Rameshwar Mishtri R/o vill - East Lohanipur, P.S.- Kadam Kuan, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Yadav, Advocate Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Khiri more P.S. Case No. 199 of 2024 dated 10.10.2024, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation is of recovery of 15 litres illicit country made liquor from a motorcycle bearing Registration No. BR 01AC-8059.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not the present owner of the seized motorcycle. He has sold the seized

Patna High Court CR. MISC. No.12705 of 2025(2) dt.02-04-2025 2/2 motorcycle to one Gunnu Kumar s/o Baleshwar Bind on 09.08.2023 for the consideration money of Rs. 20,000/-. It is also submitted that the alleged occurrence took place on 10.10.2024 while the petitioner has sold his motorcycle on 09.08.2023 i.e. much prior to the alleged occurrence. Petitioner has no concern with the seized vehicle although final transfer order has not been passed as yet. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Khiri more P.S. Case No. 199 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, District-Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T