Pappu Yadav @ Rifle @ Rayfal @ Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56156 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Pappu Yadav @ Rifle @ Rayfal @ Yadav, Son of Ranjan Yadav, R/o VillageMostpura, P.S.- Bodh Gaya, Dist.- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Bodh Gaya P.S. Case No.158 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The accused/petitioner is named in the FIR and is in custody since 29.04.2024.

4. Allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where there is recovery of three bottles, each containing 325 ml. of Indian made foreign illicit liquor from the husk house.

5. It is submitted by learned counsel that name of

Patna High Court CR. MISC. No.56156 of 2024(3) dt.20-09-2024 2/3 petitioner surfaced on the basis of confessional statement of co-accused Ajay Kumar, where in furtherance of which, no incriminating material/illicit liquor appears to be recovered from the conscious physical possession of this petitioner rather same was recovered from a husk house, which is an open place and accessible to general public. While concluding argument, it is submitted that investigation of this case is completed and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid facts and circumstances, as recovery of illicit liquor appears doubtful from the conscious physical possession of this petitioner, coupled with the fact that investigation of this case is completed, where petitioner is in custody since 29.04.2024, accordingly, the petitioner, above-named, is directed to be released on bail on 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 Excise Court No.1, Gaya in

Patna High Court CR. MISC. No.56156 of 2024(3) dt.20-09-2024 3/3 connection with Bodh Gaya P.S. Case No.158 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T