Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60472 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -KINJAR District- JEHANABAD ======================================================

1. Pappu Kumar S/o Ram Pravesh Yadav, R/o Vill.- Bairagi Bagh, P.S.- Jehanabad in the District of Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Excise Case No. 798 of 2018 9arising out of Kinjar P.S.Case No. 93 of 2018), registered for offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per F.I.R. allegation against the petitioner is that after getting information, the petitioner along with other officers proceeded at the place where the petitioner was apprehended with 52 liters of country made liquor and accordingly, seizure list has been prepared.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case merely on the basis of suspicion and from perusal of the F.I.R. it appears that nothing has been recovered from the possession of the

Patna High Court Cr.Misc. No.60472 of 2018 (2) dt.06-10-2018 2/2 petitioner rather the alleged recovery of country made wine has been made from the back side of tempo and the petitioner is in custody since 13.08.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II, Jehanabad in connection with Excise Case No. 798 of 2018 ( arising out of Kinjar P.S.Case No. 93 of 2018), subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T