Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24363 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- GOGRI District- Khagaria ====================================================== PAPPU YADAV S/o Balbeer Yadav R/o village- Shiswa, P.S.- Gogri, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kanhiya kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Gogri P.S. Case No. 171 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 02.02.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 57.750 litres of IMFL from Katchi road area. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.24363 of 2022(2) dt.22-07-2022 2/3 submitted that the alleged recovery of illicit liquor is from the Katchi road area, and as such it cannot be said to be recovered from conscious physical possession of the petitioner. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery is from the road side area.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gogri P.S. Case No. 171 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge Ist, Khagaria/concerned court, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.24363 of 2022(2) dt.22-07-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Avinash Kumar, who is the Cousin Son of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T