Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70799 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- KURSAKANTA District- Araria ====================================================== Pappu Yadav, male, aged about 29 years, Son of Ramanand Yadav, Resident of Village - Patengna, P.S. - Tarabari, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 The petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 793 of 2019 arising out of Kursa Kanta (Sonamani Godam O.P.) P.S. Case No. 170 2019, dated 24.06.2019, instituted for the offences under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

One Kanhaiya Kumar Mandal is said to have been arrested with 22.8 litres of liquor. He is said to have

Patna High Court CR. MISC. No.70799 of 2019(2) dt.11-12-2019 2/3 informed the police party that the person who could manage to escape on seeing the police party was non-else, but the petitioner.

Learned counsel for the petitioner has submitted that at best, the accusation against the petitioner thus would be confession of an arrested co-accused persons. Since the petitioner is a person of clean antecedent, the aforesaid accusation does not appear to be correct. In that view of the matter, it has been submitted that no offence under anyone of the provisions of the Bihar Prohibition and Excise Act, 2016 can at all be said to have been made out against the petitioner.

Considering the facts aforestated, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-Cum-Special Judge (Excise), Araria in connection with Kursa Kanta (Sonamani Godam

Patna High Court CR. MISC. No.70799 of 2019(2) dt.11-12-2019 3/3 O.P.) P.S. Case No. 170 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T