Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29406 of 2024 Arising Out of PS. Case No.-183 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== Pappu Yadav, S/o Ramashish Yadav, R/o Village- Darhaul, P.S- Katra, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-05-2024 Heard Mr. Dwij Raj, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Singhwara P.S. Case No. 183 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegedly, the police on a secret information intercepted a truck, Honda Amaze and other vehicles and, on search, altogether 87.120 liters Indian Made Foreign Liquor was recovered from Honda Amaze vehicle, which is said to be in the name of the petitioner.

4. It is submitted on behalf of the petitioner that the petitioner has been made accused in this case only on account of

Patna High Court CR. MISC. No.29406 of 2024(2) dt.10-05-2024 2/3 he being the owner of Honda Amaze vehicle. The petitioner has neither been apprehended at the place of occurrence nor any incriminating material has been recovered from his whereabouts. In fact, the name of the petitioner has been implicated in this case on account of his earlier implication in Katra P.S. Case No. 165 of 2019 of identical nature. He further submitted that there are various irregularities in the search and seizure which also belies the prosecution case. Moreover, the petitioner is in custody since 19.02.2024 and now the investigation has already been completed.

5. On the other hand, learned counsel for the State, opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the investigation of the crime is already completed and the chargesheet has been submitted, coupled with the fact that the name of the petitioner has been implicated in this case only on account of he being the owner of the vehicle from where the recovery has been made, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga in

Patna High Court CR. MISC. No.29406 of 2024(2) dt.10-05-2024 3/3 connection with Singhwara P.S. Case No. 183 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) rohit/- U T