Abhishek Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19385 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== ABHISHEK KUMAR @ PAPPU Son of Om Shankar Prasad Resident of Village-Gopali Chowk Ara, Ward No.8, Police Station-Ara Town, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyabir Bharti For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-06-2020 Learned Counsel for the petitioner is directed to remove all the defects, as pointed out by the Stamp Reporter, within a period of eight weeks from today.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Excise Case No. 184 of 2020, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the prosecution report submitted by the excise officials, is that on

Patna High Court CR. MISC. No.19385 of 2020(3) dt.29-06-2020 2/3 secret information, a search operation was conducted and during search, the petitioner, along with other co-accused persons, have been arrested from a Verna car, and 152 litres of illicit liquor has been recovered from the vehicle in question.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as referring to paragraph 8 of this application, he submits that the petitioner is not the owner of the vehicle in question. He further submits that the petitioner had taken lift in the car in order to reach his destination. He also submits that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from his possession or the vehicle belonging to him. He also submits that similarly situated co-accused, Robin, has been granted bail by this Court in Criminal Misc. No. 19279 of 2020.

After having heard learned Counsel for the parties and taking into consideration the facts that the petitioner has got no criminal antecedent, he is not the owner of the car and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.19385 of 2020(3) dt.29-06-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge -cumSpecial Judge, Excise, Kaimur, at Bhabhua, in connection with Excise Case No. 184 of 2020.

(Anil Kumar Sinha, J.

Prabhakar Anand/- U √ T √