Pappu Kumar @ Pappu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59953 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- DAGARUA District- Purnia ====================================================== PAPPU KUMAR @ PAPPU SAHANI S/o- Late Shanker Sahani Residence of Village- Vijay Chhapra, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Further, counsel for the petitioner is permitted to make necessary correction in paragraph No.7 of the main application in course of the day.

The petitioner is apprehending his arrest in connection with Dagrua P.S. case No.93 of 2020 registered under Sections 30(A)/33/41/47 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 2100 liters spirit is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no

Patna High Court CR. MISC. No.59953 of 2021(2) dt.14-12-2021 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 2100 liters spirit is recovered from the pick up van. The petitioner is alleged to be the owner of the pick up van in question. The petitioner had no knowledge regarding the nature of goods booked by the transporter. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Purnea in connection with Dagrua P.S. case No.93 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T