Pappu Kumar @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47578 of 2018 Arising Out of PS.Case No. -489 Year- 2018 Thana -MADHEPURA District- MADHEPURA ====================================================== Pappu Kumar @ Akhilesh Kumar, Son of Bishnudeo Prasad Yadav, Resident of Village- College Chowk, Ward No. 2, P.S. and DistrictMadhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 279, 337 and 427 of the Indian Penal Code and Section 30(b) of the Bihar Prohibition and Excise Act, 2016.

Petitioner is said to have driven the Bolero rashly and negligently in inebriated condition and dashed the scooty, cycle and Scorpio and badly damaged the aforesaid scooty and cycle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.47578 of 2018 (2) dt.03-08-2018 2/2 conscious physical possession of the petitioner. No such occurrence as alleged ever took place. He has also no concern with the aforesaid occurrence. He happens to be teetotaller and never consumed any liquor. He has been falsely implicated in the case at the instance of his enemies. Though the scooty and cycle are said to have been badly damaged in the accident, but its riders have not sustained any sort of injury which creates doubt about the prosecution case. He has no criminal antecedent. He has been languishing in custody since 04.07.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Madhepura in connection with Madhepura P.S. Case No. 489 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T