Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25997 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== PAPPU KUMAR Son of Vindeshwar Ray @ Bindeshwar Rai R/o Village - Biddupur Dih, P.S.- Biddupur, Ward No.- 11, District - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with C2A Case No. 67 of 2022 registered for the offences punishable under Sections 30(a)/30(C) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 1800 litres Java, 20 litres country made illicit liquor and one motorcycle without registration number from the place of occurrence. The petitioner along with another co-accused was apprehended on spot.

Patna High Court CR. MISC. No.25997 of 2022(2) dt.03-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 26.02.2022. Petitioner bears no criminal antecedent. Prosecution report has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner has no concern with the alleged recovered liquors and other articles. Nothing has been recovered from the conscious possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, prosecution report has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judgecum-Special Judge Excise - 2nd, Vaishali at Hajipur in connection with C2A Case No. 67 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.25997 of 2022(2) dt.03-08-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T