Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19389 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -NAYAGAON District- SARAN ====================================================== Pappu Singh son of Om Narayan Singh resident of Mohmud Chowk, PS. Nayagaon, District- Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Nayagaon P.S.Case No. 09/2016, disclosing offences under sections 272, 273 of the Indian Penal Code and Section 47(a) of the Excise Act.

It is alleged that the police on the basis of secret information conducted raid over the premises owned by the petitioner and seized 35 liters of country made liquor and few other articles.

Learned counsel, appearing on behalf of the petitioner, has submitted that it is evident from the F.I.R. that the petitioner was not present there. He has submitted that the said piece of land was given by the petitioner to the witnesses of the seizure list for the

Patna High Court Cr.Misc. No.19389 of 2016 (2) dt.19-05-2016 purpose of cultivation and there was some dispute between the petitioner and the said witnesses and therefore, the petitioner has been falsely implicated.

Considering the above submissions and the statement made in paragraph 3 of the application that the petitioner has no criminal antecedent, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Nayagaon P.S.Case No. 09/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U