Patna High CourtCR. MISC./43955/2023bail granted

Pappu Sahni v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43955 of 2023 Arising Out of PS. Case No.-452 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== PAPPU SAHNI S/O LATE VIJAY SAHANI R/O VILLAGE- NONEYA DHAB TOLA, PS. PAHARPUR, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Paharpur P.S. Case No. 452 of 2022 dated 18.12.2022 registered for the offence punishable u/s 414, 420, 467, 468, 471, 120B of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 7050 litres of illicit spirit is alleged to have recovered from a truck bearing Reg. No.

Patna High Court CR. MISC. No.43955 of 2023(2) dt.31-07-2023 2/3 NL-01N-2132.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said truck. The name of the petitioner has sprung up in the confessional statement of co-accused Sujit Kumar. The coaccused person has already been granted bail by the Coordinate Bench of this Court vide order dated 15.5.2023 passed in Cr. Misc. No. 19923 of 2023. The petitioner is accused in 3 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.5.2023.

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

7. 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, Motihari, East Champaran in connection with Paharpur P.S. Case No. 452 of 2022.

Patna High Court CR. MISC. No.43955 of 2023(2) dt.31-07-2023 3/3

8. The application stands allowed.

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