Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23640 of 2020 Arising Out of PS. Case No.-79 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== PAPPU KUMAR S/o Lakhan Sao @ Ram Lakhan Resident of VillageRatanpura, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Kutumba P.S. Case No. 79 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation against the petitioner is that the Police intercepted one Spark car and recovered a total quantity of 117 litres of illicit country made liquor from the same.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.23640 of 2020(2) dt.15-09-2020 2/3 petitioner has not committed any offence in the manner alleged and referring to paragraph-8 of this petition submits that the petitioner is not the owner of the car in question. Learned counsel further submits that the petitioner was driving the car when the same was intercepted by the Police and he was not aware about the illicit liquor being kept inside the car. Learned counsel also submits that co-accused Sharfuddin Ansari has already been granted bail by this Court vide order dated 14.09.2020 passed in Cr. Misc. 23627 of 2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner is not the owner of the car in question and other co-accused has already been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII cum Special Judge (Excise),

Patna High Court CR. MISC. No.23640 of 2020(2) dt.15-09-2020 3/3 Aurangabad, in connection with Kutumba P.S. Case No. 79 of 2020 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T