Pappu @ Pappu Goutam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41235 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Pappu @ Pappu Goutam, Son Of Chunnalal Goutam Mohalla M745 Sector M Khanpur Road Ashiyana Lda Colony Lucknow, Ps- Ashiyana Dist- Lucknow U.P ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 120(B), 414 and 34 of the I.P.C. and Sections 30(a), 32, 27, 41(1) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2227 litres of liquor from a truck. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Ashish Thakur in

Patna High Court CR. MISC. No.41235 of 2023(2) dt.05-07-2023 2/2 police custody, which does not have any evidentiary value. It is next submitted that petitioner is not the owner of the truck. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Begusarai in connection with Sahebpur Kamal P. S. Case No.151 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T