Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67802 of 2021 Arising Out of PS. Case No.-217 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== Pappu Kumar Yadav Son Of Sikandar Yadav Resident Of Village - Kanjri, P.S.- Beldour, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 16-02-2022 The applicant is given out of turn hearing because of advance stage of the pregnancy of his wife.

The applicant is accused in Crime No. 217 of 2021 registered with Beldour Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

It is case of the prosecution that police received secret information regarding unloading of illicit liquor in huge quantity from the truck. The spot was raided. The applicant was apprehended on spot with his car. Illicit liquor of 6.375

Patna High Court CR. MISC. No.67802 of 2021(3) dt.16-02-2022 2/3 liters came to be seized from his car. Subsequently, the truck was intercepted and was found to be containing 230.760 liters of illicit liquor.

Investigation of the subject crime is over. The learned counsel for the applicant submits that the applicant is not having any criminal antecedent. The applicant is behind bars from 23.09.2021. Hence, I see no reason to refuse bail to the applicant and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 217 of 2021 registered with Beldour Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this

Patna High Court CR. MISC. No.67802 of 2021(3) dt.16-02-2022 3/3 case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T