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Patna High CourtCR. MISC./35577/2017bail granted

Pappu Kumar And ORS v. The State Of Bihar

2017-08-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35577 of 2017 ======================================================

1. Pappu Kumar, Son of Late Baleshwar Prasad, Resident of VillageKarampur, P.S.- Giriyak, District- Nawada.

2. Bablu Paswan, Son of Late Ramdhyan Paswan, R/o Village- Simariya, P.S.- Nursary, District- Nalanda.

3. Jitendra Singh, Son of Late Doman Singh, Resident of VillageKarampur, P.S.- Giriyak, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners seek bail in connection with G.O. P.S. Case No. 222 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the Sub-Inspector, Excise, Nawada, is that bus of the petitioners was intercepted and from the bus 59.500 litres of foreign liquor was recovered. It is submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and nothing has been recovered from their conscious possession. It has

Patna High Court Cr.Misc. No.35577 of 2017 (2) dt.08-08-2017 2/2 further been submitted that petitioner no.1 is the driver, petitioner no.2 is the khalasi and petitioner no.3 is the cleaner of the bus and they were not aware about the incriminating articles hidden in the bus.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of A.D.J.-II, Nawada in connection with G.O. P.S. Case No. 222 of 2017.

(Nilu Agrawal, J.) Arjun/- U T