Pappu Yadav @ Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44608 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- SIKTI District- Araria ====================================================== PAPPU YADAV @ PAPPU KUMAR YADAV, Son of Shivanand, Resident of Village - Singhiya, P.s.- Sikty, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Spl. Case No. 1576 of 2018, arising out of Sikty P.S. Case No. 226 of 2018 registered under Section 30(A) of the Bihar Excise Act, 2016.

The accusation is on receiving information about carrying Nepli liquor in India from Nepal, informant long with other personnel of BSF started patrolling then some persons were seen entering in India Boarder. On chase while one persons was apprehended, who disclosed his name Asphak Alam and also disclosed the name of his two associates as Dinesh Manjhi and Pappu Yadav (petitioner), who succeeded to

Patna High Court CR. MISC. No.44608 of 2019(4) dt.16-11-2019 2/2 flee away. On search of three sacs thrown there 330 bottles each containing 300 ml Nepali liquor recovered.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has been disclosed by co-accused, Asphak Alam, who is said to be apprehended at the spot with alleged bottles of Nepali liquor. Further submission is that petitioner has no criminal antecedent, which has come in paragraph 52 of the case diary. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 2nd Additional Sessions Judge- cum- Spl. Judge, Araria, in connection with Spl. Case No. 1576 of 2018, arising out of Sikty P.S. Case No. 226 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T