Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18220 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Pappu Kumar, son of Late Shambhu Rai, resident of village - Khirkhabua, Police Station Bhagwanpur, Distt. - Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.N.K.Agrawal, Sr.Advocate with Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Runnisaidpur P.S.Case No. 84 of 2017 registered for the offences punishable under Sections 30, 30(g) and 38(1) (2) of Bihar Excise Amendment Act.

As per FIR there is recovery of huge quantity of liquor, but so far petitioner is concerned, it has been submitted on behalf of the petitioner that the petitioner has been arrested on the basis of suspicion and petitioner is driver of Swift car and when he has been arrested he could not reply satisfactorily about his presence there and he is in custody since 27.2.2017 having no criminal antecedent. It has also been submitted that similarly situated co-accused has been granted bail by this Court in Cr.Misc.No. 16415 of 2017, vide order dated 10.4.2017. Heard learned APP also.

Patna High Court Cr.Misc. No.18220 of 2017 (2) dt.21-04-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur P.S.Case No. 84 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U