Pappu Kumar @ Pappu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36588 of 2021 Arising Out of PS. Case No.-728 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== PAPPU KUMAR @ PAPPU KUMAR SINGH S/o Suresh Prasad R/o VillageKoat Bazar Ward No.-15, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

Recovery of liquor is alleged from a Scooty. Petitioner was not there at the time of recovery. Submission is that the Scooty was not of the petitioner. In the case disclosed in para 3 of the bail petition also, the petitioner does not bear any direct material, rather his name surfaced in the confessional statement of co-accused. Since there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.36588 of 2021(2) dt.07-12-2021 2/2 thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sitamarhi Police Station Case No. 728 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T