Pappu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30952 of 2022 Arising Out of PS. Case No.-556 Year-2021 Thana- MALSALAMI District- Patna ====================================================== 1.

Pappu Das S/O Late Rajeshwar Das R/O Bundel Toli, P.S.- Malsalami, District- Patna.

2.

Punpun Das S/o Late Heara Das R/o Bundel Toli, P.S.- Malsalami, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 145 litres of illicit country made liquor and a Scooty was recovered from the bank of Bundel Toil Ghat.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2 namely Punpun Das since he has been

Patna High Court CR. MISC. No.30952 of 2022(2) dt.04-11-2022 2/3 arrested.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 is permitted to be withdrawn. It is submitted by learned counsel for the petitioner No. 1 that he was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner No. 1 has no concern either with the seized Scooty or the illicit liquor. A statement has been made in para 3 of the petition that petitioner No. 1 has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Malsalami P.S. Case No.

Patna High Court CR. MISC. No.30952 of 2022(2) dt.04-11-2022 3/3 556 of 2021 (Special Case No. 7792 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T