Pappu Singh @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55579 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Pappu Singh @ Pappu Kumar S/o Gajadhar Singh R/o vill - Bhagwatipur, P.O. - Udwant Nagar, P.S. - Udwantnagar, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Udwant Nagar P.S. Case no.105 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the F.I.R, on information having been received, a raid was conducted and 57 litres of country liquor was recovered. It is further stated that one of the accused Dinesh Kumar Ram was arrested. On enquiry he

Patna High Court CR. MISC. No.55579 of 2024(2) dt.02-09-2024 2/3 disclosed the name of the four accused persons who had managed to escape and which included the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents which has been brought on record in the supplementary affidavit filed on behalf of the petitioner. No incriminating article has been recovered from his possession or from his house. He has no concern either with the seized article nor with the place of seizure. The only material against him is the statement of the coaccused made before the police. The petitioner undertakes to cooperate in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession or from his house and the only material against him being the statement of coaccused made before police, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Udwant Nagar P.S. Case no.105 of 2024 on

Patna High Court CR. MISC. No.55579 of 2024(2) dt.02-09-2024 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II, Bhojpur, Arrah. (Partha Sarthy, J) Bibhash U T