Pappu Prasad @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10047 of 2021 Arising Out of PS. Case No.-151 Year-2019 Thana- SIRDALA District- Nawada ====================================================== PAPPU PRASAD @ PAPPU YADAV Son of Naresh Prasad Yadav @ Naresh Yadav, Resident of Village - Kari Giddi @ Karigidhi, P.S.- Sirdalla, Dist.- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-03-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner in the present case is seeking regular bail in connection with Sirdalla P.S. Case No. 151 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the informant while on patrolling duty received secret information about running of a liquor bhatti and country made liquor being prepared conducted raid. On seeing the police party the petitioner fled away and on search a total of 1200 litres illicit liquor was

Patna High Court CR. MISC. No.10047 of 2021(2) dt.05-03-2021 2/3 recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the recovery has been made from an open place. Learned counsel submits that petitioner has got no criminal antecedent and he has remained in jail since 11.09.2020. Learned A.P.P. for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case, wherein it is submitted that the recovery of illicit liquor has been made from an open place accessible to all and the petitioner has remained in jail in connection with the present case since 11.09.2020, prior to the present case he had no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Nawada in connection with Sirdalla P.S. Case No. 151 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar

Patna High Court CR. MISC. No.10047 of 2021(2) dt.05-03-2021 3/3 to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.