Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42456 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Pappu Kumar Yadav Son of Abhinandan Yadav @ Ravinandan Yadav @ Ghurti Lal Yadav R/O Village- Yogia, Simra Tola, P.S.- Ladaniya, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Jaynagar P.S. case No. 101 of 2024 registered under Sections 272, 273, 414/34 of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 765 liters liquor was recovered from pickup vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got one criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired on the basis of confessional statement

Patna High Court CR. MISC. No.42456 of 2024(3) dt.30-08-2024 2/2 of co-accused namely Golu Kumar and Amit Lal Dev. The petitioner has got no knowledge and concern with the alleged recovery of liquor. It is further submitted that the vehicle in question does not belong to the petitioner. There is no compliance of Section 100 of Cr.P.C. Co-accused has been granted anticipatory bail by this Bench vide order dated 20.06.2024 passed in Cr. Misc. No. 41415 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Jaynagar P.S. case No. 101 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T