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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33626 of 2024 Arising Out of PS. Case No.-462 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Pappu Kumar Yadav @ Pappu Kumar SON OF Sipahi Yadav @ Sipahi Singh RESIDENT OF VILLAGE- NIZIRGANJ, POLICE STATION -BIKRAMGANJ ,DISTRICT ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bikramganj Police Station Case No. 462 of 2023, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police recovered 7.38 litres of illicit liquor kept by the side of the wall of the house of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case with oblique motive. He further submits that no illicit liquor has been recovered from inside the premises

Patna High Court CR. MISC. No.33626 of 2024(2) dt.27-05-2024 2/2 of the petitioner; rather, the same has been recovered from outside the adjacent wall of the house of the petitioner.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that no illicit liquor has been recovered from inside the house of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas, at Sasaram, in connection with Bikramganj Police Station Case No. 462 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √