Pappu Kumar @ Pappu Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72941 of 2025 Arising Out of PS. Case No.-441 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Pappu Kumar @ Pappu Chaudhari, aged about 32 years, male, Son of Kailash Chaudhari R/o Village - Jafarpur, P.S. - Paroo, Dist. - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Paroo PS. Case No. 441 of 2025 dated 18-08-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act 2022.
3.The allegation is of the recovery of 150.88 litres of foreign liquor from the asbestos house of the co-accused Ankit Kumar.
4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that nothing has been recovered from conscious possession or from the house of the petitioner; rather, the illicit liquor has been recovered from the
Patna High Court CR. MISC. No.72941 of 2025(2) dt.16-10-2025 2/3 asbestos house of co-accused Ankit Kumar, who was apprehended at the spot along with co-accused Vijay Kumar Choudhary, who disclosed the name of the petitioner, and on that basis the petitioner has been made an accused in this case. Lastly, it is submitted that the petitioner has two criminal cases pending against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.II, Muzaffarpur, in Paroo PS. Case No. 441 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that
Patna High Court CR. MISC. No.72941 of 2025(2) dt.16-10-2025 3/3 the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U