Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23078 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== PAPPU KUMAR Son of Sri Ram Pukar Ray Resident of Village - Govindpur, P.S.- Saraiyan (Jaintpur O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan For the Opposite Party/s :

Mrs. Anita Kumari Singh (A.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard Mr. Prabhat Ranjan, learned counsel for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Saraiyan ( Jaintpur O.P.) P.S. Case No. 72 of 2020 , registered for the offence punishable under Section 272 / 273 / 34 of the Indian Penal Code, 1860 and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that Police on the basis of secret information arrived at the house of the petitioner and upon search recovered a total quantity of about 196.560 liters of illicit foreign liquor from the hut situated

Patna High Court CR. MISC. No.23078 of 2020(2) dt.08-09-2020 2/3 behind his house.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politics. Learned counsel further submits that from perusal of the First information report as well as seizure list it would be evident that illicit liquor has not been recovered from inside the house of the petitioner but from a hut situated behind the house of the petitioner which is an open space and is accessible to all and sundry. Learned counsel further submits that no illicit liquor has been recovered from his conscious possession or the house belonging to him.

Having regard to the submission made by the parties and taking into consideration the fact that no illicit liquor has been recovered from his conscious possession and the petitioner is in custody since 05.06.2020 , I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act , Muzaffarpur / court concerned in connection with Saraiyan ( Jaintpur O.P. ) P.S. Case No. 72 of 2020.

Patna High Court CR. MISC. No.23078 of 2020(2) dt.08-09-2020 3/3 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) praful/- U T