Pappu Singh @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31307 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- BANKA District- Banka ====================================================== PAPPU SINGH @ PAPPU KUMAR Son of Baleshwar Chaudhary Resident of Village- Gorgama, Tola- Kauakil, P.S.- Nayagaon, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Opposite Party/s :
Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) and 32 (2) of the Bihar Prohibition and Excise Amendment Act, 2018.
3602.16 liters of foreign liquor is said to have been recovered from a truck and the petitioner, being the driver of the truck, was apprehended.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.31307 of 2021(2) dt.21-08-2021 2/3 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor or the truck in question. He has been falsely implicated in this case by the police. There is violation of Section 100 Cr.P.C. The petitioner happens to be driver of the vehicle in question and he had no knowledge of keeping of the said liquor in the vehicle. He was plying the vehicle at the instruction of his owner. Petitioner has no criminal antecedent and has been languishing in custody since 28.02.2021. Petitioner is agreed to deposit a sum of Rs.50,000.00 (Rupees Fifty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released 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 the learned Court below where the case is pending/successor Court in connection with Special Excise Case No. 153 of 2021, subject to the following conditions:
Patna High Court CR. MISC. No.31307 of 2021(2) dt.21-08-2021 3/3
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.50,000.00 (Rupees Fifty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T