Pappu Kumar @ Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49488 of 2024 Arising Out of PS. Case No.-898 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Pappu Kumar @ Pappu Rai S/o Bhagwan Ray R/o vill - Kailapatti, P.s .- Saraiya, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024 1.

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

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(1), 32(2), 36, 41(1), 41(2) of the Bihar Excise Act and Sections 272, 273 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of nine cases and allegation is of recovery of 69 litres of liquor from a Ford Figo Car. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized car. It is next submitted that he came to be

Patna High Court CR. MISC. No.49488 of 2024(2) dt.24-07-2024 2/3 implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that the police, in a mechanical manner, implicates either at the instance of Chowkidar or local person. It is also submitted that it appears that the police, in order to save the real culprit, falsely implicated the petitioner taking advantage of his antecedents. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 45,000/- (Rupees Forty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Saraiya P.S. Case No. 898 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than nine

Patna High Court CR. MISC. No.49488 of 2024(2) dt.24-07-2024 3/3 cases, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T