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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36524 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Pappu Singh @ Pappu Kumar Singh Son of Shailendra Singh Resident of Village- Jorja, P.S.- Baheri, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022 in connection with Baheri P.S. Case No.40 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 1025.25 liters of liquor from the house of Pappu Singh.

4. The learned counsel submits that petitioner was not arrested from the spot as such nothing was recovered from his

Patna High Court CR. MISC. No.36524 of 2024(2) dt.24-06-2024 2/3 conscious possession. It is further submitted that name of the father of the petitioner is Shailendra Singh while the liquor was recovered from the house of Pappu Singh who is son of Anand Prasad Singh and the police in mechanical manner implicated the petitioner at the behest of the 'Chowkidar' with whom he is on an inimical term.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000 /- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-1, Darbhanga in connection with Baheri P.S. Case No.40 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than four cases, in

Patna High Court CR. MISC. No.36524 of 2024(2) dt.24-06-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T