Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71331 of 2021 Arising Out of PS. Case No.-8 Year-2018 Thana- FULKAHA District- Araria ====================================================== Pappu Kumar Son Of Sri Phuleshwar Sharma Resident Of Village - Batran, Phenglas, P.O. - Phenglas, P.S. - Raghopur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 189 litres of country made liquor from two motorcycles. The petitioner is alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that

Patna High Court CR. MISC. No.71331 of 2021(3) dt.21-07-2022 2/3 one of the seized motorcycle though is registered in the name of the petitioner but much before the seizure of motorcycle, the petitioner had made a complaint that his motorcycle has been stolen away. A copy of the complaint has been has been annexed as Annexure-2 of the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P after going through the case diary has also stated that a complaint has been filed by the petitioner regarding stolen away of his motorcycle. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Araria in connection with Fulkaha P.S. Case No. 08 of 2018, subject to the conditions as

Patna High Court CR. MISC. No.71331 of 2021(3) dt.21-07-2022 3/3 laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T