Pappu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44827 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Pappu Sahani Son of Late Vijay Sahani R/O Vill.- Noniya Dhab Tola, P.S.- Paharpur, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Paharpur P.S. Case No. 163 of 2024 dated 14.04.2024 registered for the offence/s punishable u/ss 21(b), 25 of the NDPS and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 4 litres of illicit country made liquor was recovered from the motorcycle and 30 tablets of Anxit 0.25 was also recovered from the left pocket of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said

Patna High Court CR. MISC. No.44827 of 2024(2) dt.01-07-2024 2/2 vehicle. The petitioner has no concern with the alleged recovery. The seized contraband is less than commercial quantity. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Paharpur P.S. Case No. 163 of 2024, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T