Patna High CourtCR. MISC./64468/2023bail granted

Pappu Das v. The State Of Bihar

2023-10-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64468 of 2023 Arising Out of PS. Case No.-480 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Pappu Das, aged about:-40(M) years, Son of Parmanand Das, resident of Village- Belha, P/S:- Bhawanipur O.P., Dist: Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. Rajive Ranjan Singh, learned counsel appearing on behalf of the petitioner and Mr. Suresh Prasad Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bihpur (Bhawanipur OP) P.S. Case No. 480 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 5.600 litres of country made liquor from a bush in front of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.64468 of 2023(2) dt.17-10-2023 2/3 been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is not involved in either manufacturing or in trade of illicit liquor. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner in the FIR, nothing has been recovered from the conscious possession of the petitioner and petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IXth, Bhagalpur in connection with Bihpur (Bhawanipur OP) P.S. Case No. 480 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the

Patna High Court CR. MISC. No.64468 of 2023(2) dt.17-10-2023 3/3 criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (Purnendu Singh, J) Niraj/- U T