Pappu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33078 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Pappu Kumar Yadav S/o Late Rajesh Rai Resident of Village- Harpur, P.S.- Piprakothi, District- East Champaran.
2.
Laxman Kumar Yadav S/o Sheo Shankar Rai Resident of Village- Pokhra, P.S.- Kotwa, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2025 This case is being taken up for out of turn hearing at the request of the learned counsel for the petitioners.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners seek bail in connection with Pipra Kothi P.S. Case No. 75 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
4. The prosecution case, in short, is that on secret information, the police raided the house of the petitioner no. 1, Pappu Kumar on information that he had been keeping illicit liquor. The police conducted a raid and apprehended two
Patna High Court CR. MISC. No.33078 of 2025(2) dt.21-05-2025 2/3 persons namely, Pappu Kumar Yadav (petitioner no. 1) and Laxman Kumar Yadav (petitioner no. 2) and on searching a hut, 40 liters of country-made liquor was recovered.
5. Learned counsel for the petitioner submits that the petitioners have falsely been implicated in this case. No such recovery, as alleged, has been made from the possession of the petitioners. Admittedly, recovery is said to have been made from a hut behind the house of the petitioner No. 1 which is accessible to any person. Lastly, it is submitted that the petitioners have clean antecedent and they have been in custody since 10.03.2025.
6. Learned APP for the State has opposed the prayer for regular bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioners carry clean antecedents, let the above named petitioners be released on bail on deposition of a sum of Rs. 5,000/- each to the Patna High Court Legal Services Committee, Patna and an acknowledgment receipt be submitted before the learned Court below prior to the furnishing of bail bond, on each of them furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.33078 of 2025(2) dt.21-05-2025 3/3 Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection with Piprakothi P.S. Case No. 75 of 2025 subject to the following conditions :
a. One of the bailors of the petitioners shall be their close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioners in similar nature of offence, the bail bond of the petitioners will be liable to be canceled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Prakash/- U