Pappu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23915 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== PAPPU KUMAR SINGH Son of Jagat Narayan Singh Resident of VillageBaleshra, P.S.- Uchkagaon, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard Mr. Vyas Kumar Mishra, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Phulwariya P.S. Case No. 128 of 2020 registered for the offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation against the petitioner as per the First Information Report is that the Motorcycle of the petitioner was intercepted by the Police and recovered a total quantity of 36 litres of illicit liquor from the same. Learned counsel for the petitioner submits the

Patna High Court CR. MISC. No.23915 of 2020(2) dt.17-09-2020 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with oblique motive. Learned counsel further submits that there is no independent witness to the search and seizure and the Police at the time of search and seizure did not follow the procedure prescribed under Section 100 Cr. P.C. Learned counsel also submits that the petitioner is in custody since 3.6.2020 having no criminal antecedent. Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner has got no criminal antecedent and he is in custody since 3.6.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Phulwariya P.S. Case No. 128 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.23915 of 2020(2) dt.17-09-2020 3/3 bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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