Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66506 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- KHUDWA District- Aurangabad ====================================================== PAPPU KUMAR S/o Raj Kumar Singh R/o village- Amilauna, P.S.- Jamhor, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 420, 411 and 468 of the Indian Penal Code and Section 30(A) of the Bihar Excise (Prohibition) and Amendment Act, 2018. Informant who is a police officer has alleged in his written report that he got confidential information that accused Bhushan Yadav is selling liquor from his motorcycle and when informant reached said place Bhushan Yadav along with one person was seen by the police and Bhushan Yadav was arrested with motorcycle but the other co-accused managed to escape. The apprehended accused disclosed that he used to bring liquor from BOLERO and thereafter said BOLERO was recovered from outside the house of petitioner.

Patna High Court CR. MISC. No.66506 of 2019(4) dt.26-11-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that seized BOLERO does not belong to petitioner. Petitioner has got no criminal antecedent and is in custody since 22.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Khudwan P.S. Case No. 39 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U