Pappu Tanti @ Pappu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45041 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Pappu Tanti @ Pappu Bhagat Son of Lakhpati Tanti R/O Village and Police Station- Jagdishpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Jadishpur P.S. Case No. 159/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of total 115.500 liters country made liquor from the house of the petitioner and the petitioner was not apprehended on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot and

Patna High Court CR. MISC. No.45041 of 2022(2) dt.02-09-2022 2/3 nothing has been recovered from the conscious possession of the petitioner. The alleged liquor was recovered from the house of petitioner and the said house was joint family house of the petitioner. The petitioner is languishing in custody since 17.06.2022 and bears criminal antecedent of three cases out of which one case is of similar nature and in all cases he is on bail. Seizure list has not been prepared as per law. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IX cum Special Judge, Excise, Bhagalpur in connection with Jadishpur P.S. Case No. 159/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain

Patna High Court CR. MISC. No.45041 of 2022(2) dt.02-09-2022 3/3 present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T