Pappu Yadav @ Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20285 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- PALASI District- Araria ====================================================== Pappu Yadav @ Pappu Kumar Yadav son of Lakshman Yadav, resident of village Dharamganj, Police Station Palasi, District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the I.P.C. and Section 30(g) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 40.300 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the disclosure of co-accused Sunil Kumar Mandal and Arun Mandal. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 40.300 liters wine is

Patna High Court Cr.Misc. No.20285 of 2018(2) dt.06-04-2018 2/2 recovered from the motorcycle. The motorcycle in question does not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions-cum-Special Judge, Araria in connection with Palasi P.S. case No.40 of 2018 corresponding to Special case No.234 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T