Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43951 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Pappu Yadav, S/o Ram Yadav, R/o.- Vill.- Shihma, Pathla Tola, P.S.- Matihani, Dist.- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 467, 414 and 120B/34 of the Indian Penal Code and Sections 30(a), 32, 27 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

882 litres of foreign liquor is said to have been recovered from the truck and 10-11 persons standing near the truck managed to escape and the driver of the truck Jasbindra Singh was apprehended. The spy disclosed the name of the petitioner as trader of the liquor.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.43951 of 2018 (3) dt.24-07-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the truck in question or with any trade of liquor. Identity and genuiness of the source of information has not been mentioned in the written report. He was not apprehended on the spot. He has been falsely implicated in the case at the instance of his enemies. He has been languishing in custody since 04.07.2018. Similarly situated co-accused, namely, Birbal Yadav and Raushan Kumar have been enlarged on bail by different co-ordinate benches of this court while Indal Yadav has been enlarged on bail by this Court vide order dated 17.07.2018 passed in Cr. Misc. No. 42971 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned Addl. Sessions Judge-II cum Special Judge, Excise, Begusarai in connection with Sahebpur Kamal P.S. Case No. 101 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T