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Patna High CourtCR. MISC./47683/2021dismissed

Pappu Kumar @ Pappu Prasad v. The State Of Bihar

2021-11-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47683 of 2021 Arising Out of PS. Case No.-274 Year-2018 Thana- SONO District- Jamui ====================================================== PAPPU KUMAR @ PAPPU PRASAD S/o SITA RAM MAHTO R/o VILLAGE-PANDH, P.S.- DALSINGHSARAI, DISTRICT- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections-272, 273 of the Indian Penal Code and Sections-30(a) and 41 of Bihar Prohibition and Excise Act, 2016.

Earlier prayer for anticipatory bail of the petitioner was rejected by a coordinate Bench of this court vide Annexure1 to the present application. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The liquor is said to have been recovered from the Bolero Car. The petitioner is

Patna High Court CR. MISC. No.47683 of 2021(2) dt.15-11-2021 2/2 alleged to be owner of the Bolero Car in question. The said vehicle, in question is run as a public carrier. The petitioner had no knowledge regarding the nature of goods, kept in the car in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the fact that earlier prayer for anticipatory bail of the petitioner has already been rejected, I find no reason to interfere with the earlier order passed by a coordinate bench of this court.

Accordingly, prayer for anticipatory bail to the petitioner in connection with Sono P.S. Case No. 274 of 2018 is again rejected.

In case, the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V.//- U T