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Patna High CourtCR. MISC./71266/2022rejected

Pappu Kumar Yadav v. The State Of Bihar

2023-02-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71266 of 2022 Arising Out of PS. Case No.-390 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Pappu Kumar Yadav Son Of Ramashish Yadav R/V- Bhariya Bishanpur, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition & Excise Act.

There is recovery of 675 litres of illicit liquor from the Scorpio vehicle.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the vehicle nor he has any concern with the recovered country made liquor. The petitioner is languishing in custody since 22.10.2022. A statement has been made in para 3 of

Patna High Court CR. MISC. No.71266 of 2022(3) dt.04-02-2023 2/2 the petition that petitioner is accused in one other case apart from the present one.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was apprehended sitting on the seized vehicle from where huge quantity of illicit liquor was recovered. Moreover, para 20 of the case diary suggests that the vehicle is registered in the name of other person which suggests that vehicle was stolen by the accused persons. In the facts and circumstance of the case, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for bail of the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T