Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10736 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- PARASI District- Jehanabad ====================================================== 1.
PAPPU KUMAR S/O SUDAMA MAHTO R/O VILLAGEBABHANBIGHA, P.S.-PARASI, DISTRICT-ARWAL. 2.
PAWAN KUMAR S/O SUDAMA MAHTO R/O VILLAGEBABHANBIGHA, P.S.-PARASI, DISTRICT-ARWAL. 3.
CHANDARESH SINGH S/O JHULAN SINGH R/O VILLAGEBABHANBIGHA, P.S.-PARASI, DISTRICT-ARWAL. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Srivastava For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Parasi P.S. Case No. 51/2020 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
47 litres of locally brewed liquor has been
Patna High Court CR. MISC. No.10736 of 2021(2) dt.21-12-2021 2/3 recovered which is said to have been thrown away by the accused persons on being spotted by the police. The learned counsel for the petitioners has submitted that the accusation against them is solely based on the informant provided by the local Chowkidar and some of the other persons who have definite animus against the petitioners. The identification of the petitioners by the aforesaid persons is highly doubtful.
The petitioners are persons of clean antecedents.
On these grounds, it has been urged that no offence under the Excise Act can at all be said to have been made out against the petitioners.
For the reasons afore-stated, the petitioners, above named, are directed to be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Additonal
Patna High Court CR. MISC. No.10736 of 2021(2) dt.21-12-2021 3/3 Sessions Judge -II-cum-Special Judge, Excise, Jehanabad in connection with Parasi P.S. Case No. 51/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T