Pappu Sah @ Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25644 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== PAPPU SAH @ VINOD KUMAR Son of Janak Sah Resident of Village - Prahladpur, P.S.- Mushahari, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agrawal, Sr. Adv Mr.Prabhat Kumar Singh, Adv Ms.Preety Kunwar, Adv For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 11.12.2020 seeks regular bail in connection with Bela P.S. Case No. 31 of 2020 dated 24.08.2020 registered for offences punishable under Sections 272, 273, 414, 120(B) of the Indian Penal Code and Section 30(A)/38(1)/41(1) of the Bihar Prohibition and Excise Act.
Prosecution case in brief is that upon search total 4273.20 litres of illicit liquor was recovered from the different vehicles as mentioned in the FIR. The name of the petitioner
Patna High Court CR. MISC. No.25644 of 2021(2) dt.01-12-2021 2/3 was taken on the basis of confessional statement of one coaccused namely, Sanjeet Kumar, who was apprehended on the spot.
Learned Senior Counsel, Shri N.K. Agrawal, appearing on behalf of the petitioner submits that no incriminating article has been recovered from the conscious possession of the petitioner. He has simply been roped in the present case because he has been implicated in similar nature of cases before the present case. He further submits that the vehicles which have been mentioned in the FIR also do not belong to the petitioner. He further submits that petitioner is in custody since 11.12.2020 and as such he may be released on bail.
Learned A.P.P., however, opposes the prayer for bail. Having heard the learned counsel on behalf of the parties and taking into consideration the facts of the case that the petitioner has no concern with the seized vehicles, the Court below is directed to verify the antecedent of the petitioner in view of the specific statement made in paragraph no.3 to the petition as to whether any serious case is pending against the petitioner or not, let the petitioner above named, be released on bail upon furnishing bond of Rs. 5,00,000/- along with bail bond
Patna High Court CR. MISC. No.25644 of 2021(2) dt.01-12-2021 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Bela P.S. Case No. 31 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel their bail bond.
(Purnendu Singh, J) Niraj/- U T