Pappu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56200 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Pappu Tiwary, Son of Ashok Tiwary, Resident of Village- Matuk Chapra, P.S.- Sarai O.P, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Anupam, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 37 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, police received secret information about petitioner and co-accused Pankaj Tiwary selling illicit liquor and supplying the same to retailers. A raid was conducted at the identified place and recovery of 135 litres of India made foreign liquor was made.

Patna High Court CR. MISC. No.56200 of 2022(2) dt.24-11-2022 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The petitioner has no concern either with the place from where the recovery has been made or the recovered articles itself. The petitioner is in custody since 19.09.2022 and the prosecution report has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner is having two criminal antecedents.

Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the period of custody of the petitioner as well as submission of prosecution report, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Siwan in connection with Excise P.S. Case No.

Patna High Court CR. MISC. No.56200 of 2022(2) dt.24-11-2022 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T