Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69271 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- AKILPUR District- Saran ====================================================== Pappu Kumar Son of- Chansi Rai resident of Village- Salhali, P.S. Akilpur, District- Saran at Chapra.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 Petitioner prays for bail in connection with Akilpur P.S.Case No. 39 of 2018 registered for the offence punishable under Section 30A of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 657 litres of liquor from the house of the petitioner and other accused persons have fled away.

Submission of learned counsel for the petitioner is that the house is joint house and he has falsely been implicated in this case and he is in custody since 17.9.2018, having no criminal antecedent.

Heard learned APP also, who has opposed the prayer for bail stating that huge quantity of liquor has been recovered. Having heard both sides and in the facts and circumstances, at this stage I am not inclined to grant bail to the

Patna High Court Cr.Misc. No.69271 of 2018(2) dt.04-12-2018 2/2 petitioner.

However, once charge has been framed or petitioner remained in custody for five months, whichever is earlier, he shall be released on bail by the trial court itself to its own satisfaction on the undertaking to be filed by the petitioner that he will co-operate in disposal of trial.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T