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Patna High CourtCR. MISC./54438/2019disposed

Pappu Yadav @ Pappu Kumar v. The State Of Bihar

2019-08-30Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54438 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- CHEWARA District- Sheikhpura ======================================================

1. Pappu Yadav @ Pappu Kumar, Aged about 25 years, Male.

2. Kalli Yadav, Aged about 25 years, Male.

Both are sons of Krishna Yadav, Resident of Village Rakar, P.S. Chewara, District Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Learned counsel for the petitioners submits that Pappu Yadav @ Pappu Kumar, petitioner no.1 has already been arrested.

In this view of the fact, the anticipatory bail petition of Pappu Yadav @ Pappu Kumar, petitioner no.1 is dismissed as has become infructuous.

Heard learned counsel appearing on behalf of petitioner no.2 and the learned Additional Public Prosecutor for the State.

Petitioner No.2 apprehends his arrest in Chewara P.S. Case No.23 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.54438 of 2019(2) dt.30-08-2019 2/3 The S.H.O. got information that Vijay Yadav, Pappu Yadav and Kalli Yadav, the petitioner all three sons of Krishna Yadav used to sell liquor from their house and on such a raid was conducted. Different brands of Indian made foreign liquor weighing 31 litres was recovered from the house and Vijay Yadav was apprehended. Vijay Yadav is said to have disclosed that his brother Pappu Yadav and Kalli Yadav had gone out of their house.

It is submitted that the petitioner is five brothers. Vijay Yadav was apprehended on the spot and for recovery of only 31 litres of different brands of Indian made foreign liquor, the entire family members have been implicated in the case. The petitioner has got no criminal antecedent.

Taking into consideration the facts aforesaid and the fact that at the time of recovery of liquor, only Vijay Yadav was arrested, let petitioner no.2, above named, who happens to be brother of Vijay Yadav, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 2nd Additional District & Sessions Judge, Sheikhpura in connection with

Patna High Court CR. MISC. No.54438 of 2019(2) dt.30-08-2019 3/3 Chewara P.S. Case No.23 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T