Patna High CourtCR. MISC./38640/2024bail granted

Pappu Kumar v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38640 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Pappu Kumar SON OF KRISHAN CHAUDHARY VILLAGE- DUMARI CHATTI, WARD NO. 6 PS- FATEHPUR, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nawada Excise P.S. Case No. 213 of 2024 lodged on 22.03.2024 under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, F.I.R. has been lodged against three named and some unknown accused persons including the present petitioner against whom there is an allegation that from petitioner's Tempo total of 190 litre of illicit liquor has recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. . Counsel further submits that the criminal antecedent of the petitioner is

Patna High Court CR. MISC. No.38640 of 2024(2) dt.27-05-2024 2/2 clean and the petitioner is in custody since 23.03.2024. He further submits that petitioner is the driver of the vehicle and he was not aware of the fact that wine has been loaded in the tempo.

5. Learned APP for the State opposes the prayer for bail and submits that the recovery has been made from the Vehicle which belongs to the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Nawada in connection with Nawada Excise P.S. Case No. 213 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U