Pappu Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47219 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -BAHERI District- DARBHANGA ====================================================== Pappu Kumar @ Pappu Yadav. aged about 24 Years, Son of Ramautar Yadav, R/o Village- Belhi, P.S.- Baheri, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shama Sinha, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in G.O. Case No. 311 of 2017 arising out of Baheri P.S. Case No. 45 of 2017 instituted for the offence under Section 30(a) of Bihar Prohibition Excise Act, 2016.

It has been submitted that petitioner has no criminal antecedent. He was not present on the spot. The alleged recovery is said to have been made from father of the petitioner. The seizure list has been enclosed with the First Information Report which does not bear the signature either of the father of the informant or any of the family members. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.47219 of 2017 (4) dt.08-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with G.O. Case No. 311 of 2017 arising out of Baheri P.S. Case No. 45 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T