Papu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36075 of 2017 Arising Out of PS.Case No. -190 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ====================================================== Papu Kumar son of Manik Chand Prasad @ Manik Chandra Prasad, Resident of Village- Balwapar, Police Station- Ashthawan, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 10.05.2017 in connection with Excise Case No. 190C3Ex/2017 registered for the offence punishable under Section 30A of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is, as lodged by the Excise Sub-Inspector, is that on raid, 180 litres of foreign liquor was recovered from the field under straw.

Patna High Court Cr.Misc. No.36075 of 2017 (3) dt.24-08-2017 2/3 Accordingly, a seizure-list was prepared. The petitioner was apprehended while other co-accused managed to flee away.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession. He submits that he was working as storekeeper in Ranchi College of Technology and Research Centre at Ranchi, Jharkhand and had come to attend the marriage of his brother and has been falsely implicated. He submits that other co-accused voluntarily surrendered and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like

Patna High Court Cr.Misc. No.36075 of 2017 (3) dt.24-08-2017 3/3 amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum- Special Judge, Excise, Nalanda at Biharsharif in connection Excise Case No. 190C3Ex/2017.

(Nilu Agrawal, J.) Arjun/- U T