Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33579 of 2020 Arising Out of PS. Case No.-188 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

PAPPU SINGH, Son of Bikrma Singh Resident of Village- Pritampur, P.S.- Charpokhari, District- Bhojpur.

2.

Surendra Singh, Son of Jawala Singh Resident of Village - Pritampur, P.S.- Charpokhari, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2021 Heard Mr. Ravindra Kumar, learned counsel for the petitioners and Mr. Sanjay Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Charpokhari P. S. Case No. 188 of 2019, dated 01.09.2019, instituted for the offences under Sections 30 (A) and 38 of Bihar Prohibition and Excise Act, 2016.

40 litres of liquor is said to have been recovered from an old brick-kiln belonging to the petitioner.

Patna High Court CR. MISC. No.33579 of 2020(2) dt.12-03-2021 2/3 The learned counsel for the petitioner has submitted that brick-kiln from where the recovery has been made, is an old, non-functional and abandoned unit. The place is accessible from all sides and recovery from there cannot be exclusively saddled on the petitioner.

The petitioner has clean antecedents.

Some of the accused persons have been granted anticipatory bail by a different Bench of this Court, viz, vide order dated 16.10.2020 passed in Cr. Misc. No. 2169 of 2020.

Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional

Patna High Court CR. MISC. No.33579 of 2020(2) dt.12-03-2021 3/3 Sessions Judge cum Special Excise Act, Bhojpur at Ara, in connection with Charpokhari P. S. Case No. 188 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T