Patna High CourtCR. MISC./50061/2024bail granted

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

2024-07-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50061 of 2024 Arising Out of PS. Case No.-710 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Pappu Kumar Singh @ Pappu Kumar, Son Of Suresh Prasad Singh R/OVillage- Kot Bazar, P.S.- Sitamarhi, Distt.- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the allegation is of recovery of 171 litres of liquor from an auto.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized auto and he came to be

Patna High Court CR. MISC. No.50061 of 2024(2) dt.25-07-2024 2/3 implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution. 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. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Special Excise Court-2, Sitamarhi in connection with Sitamarhi P. S. Case No.710 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

Patna High Court CR. MISC. No.50061 of 2024(2) dt.25-07-2024 3/3

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than five cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T