Pappu Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6046 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== PAPPU KUMAR @ PAPPU YADAV S/O SAHDEV YADAV RESIDENT OF VILLAGE-BAJWATRI, POLICE STATION-RAJAULI, DISTRICTNAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rajauli P.S. Case No. 392 of 2020 instituted for the offences under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

On secret information that liquor is being brewed in the village, a raid was conducted. In the raid, some wherewithal for brewing liquor was recovered but the place of recovery has not been shown to be anybody in particular. 100 litres of brewed liquor also was recovered from that place. The local Chowkidar is said to have informed that at

Patna High Court CR. MISC. No.6046 of 2021(2) dt.02-11-2021 2/3 the time of raid, the petitioner was one of the persons who could manage to run away.

The learned counsel for the petitioner has submitted that he has got no connection whatsoever with the act of brewing liquor or the recovered liquor. The petitioner has been framed in this case only on the stray statement of the Chowkidar who has some animus against him. On these grounds coupled with the fact that the petitioner has clean antecedent, it has been urged that the offence under the Excise Act cannot at all be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -II-cum Special Judge, Nawada, in connection with Rajauli P.S. Case No. 392 of 2020, subject

Patna High Court CR. MISC. No.6046 of 2021(2) dt.02-11-2021 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T