Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42228 of 2017 Arising Out of PS. Case No.-32 Year-2017 Thana- CHANDAN District- Banka ====================================================== Pappu Yadav, S/o Binod Yadav, Resident of Village- Baskutiya, Police Station- Chandramandi, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Ganesh Sharma For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-09-2017 Heard Sri Ganesh Sharma, learned counsel for the petitioner and Smt. Pushpa Sinha , learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 04.04.2017 in Chandan P.S. Case No. 32 of 2017 ( G.R. No. 809 of 2017 ) registered for offence under Section 30(a)(g), 32(2) of the Bihar Prohibition and Excise Act , 2016 has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner was a poor tempo driver and he was driving the tempo which was occupied by the passenger who was having huge quantity of liquor, which was not in the knowledge of the petitioner, however the said tempo was intercepted and thereafter , showing recovery of about 119 liters of Indian

Patna High Court Cr.Misc. No.42228 of 2017(2) dt.15-09-2017 2/2 make foreign liquor the petitioner along with other who had claimed to be owner of the wine were arrested. It was submitted that the accused who was owner of the seized liquor has already been granted bail. Besides this , learned counsel for the petitioner has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent of the petitioner as well as period of custody, let the petitioner Pappu Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II, Banka / concerned court in connection with Chandan P.S. Case No. 32 of 2017 ( G.R. No. 809 of 2017) . (Rakesh Kumar, J) praful/- U T