Pappu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31145 of 2022 Arising Out of PS. Case No.-730 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== PAPPU SAH S/o- MR BRAJ KISHORE SAH Resident of Village- Munja Patrahiya, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273, 328, 307, 302/34 and 120(B) of the Indian Penal Code and Sections 30(a), 30(c) and 30(b) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that he is indulged in the trade of illicit liquor.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating material was recovered either from the house or from the possession of the petitioner. He further submits that from the shop of one Anoj Rai and

Patna High Court CR. MISC. No.31145 of 2022(3) dt.11-10-2022 2/2 Manoj Rai, small quantity of Indian made foreign liquor, i.e., 10 ml. which was left out in a bottle of 750 ml. was recovered and some empty bottles were also recovered from there and in no way, the petitioner has got concern with the said accused persons. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No.II, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 730 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T